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Denial of Veteran's Claim for Disability Benefits for Diabetes Vacated

By FindLaw Staff on July 19, 2010 11:06 AM

Gardin v. Shinseki, 09-7120, concerned a challenge to the United States Court of Appeals for Veterans Claims' (Veterans Court) affirmance of the Board of Veterans Appeals' denial of a veteran's claim for disability compensation for diabetes, on the ground that the disease was not service-connected.  In vacating the judgment, the court remanded the matter in holding that the Veterans Court committed legal error by discounting petitioner's doctor's opinion merely because there was no evidence that he reviewed petitioner's medical service record.  However, the court held that the Veterans Court did not commit legal error when it affirmed the Board's determination that petitioner's lay evidence was not credible.

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