Court Reverses Denial of Benefits, Says Veterans' Board Relied on Inadequate Medical Report
December 20, 2010
WASHINGTON, D.C. -- An appellate court has reversed the denial of benefits to the widow of a U.S. Army Veteran, finding that the Board of Veterans' Appeals erred when it relied on an inadequate medical report when denying the plaintiff's claim. Casher v. Eric K. Shinseki, Secretary of Veterans Affairs, No. 08-3625 (U.S. Ct. App., Veterans Claims).
In the Nov. 30 decision, the U.S. Court of Appeals for Veterans Claims said that the report was inadequate because the examiner had failed to follow an earlier court mandate, which directed the examiner to provide an opinion as to whether the veteran's …