Legal Opinion

Moore v. Shinseki

Court of Appeals for the Federal Circuit

Decided February 10, 2009No. 2007-7306PublishedCited by 28 opinions

1Opinion of the Court

MAYER, Circuit Judge.

Dwayne A. Moore appeals the judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”) which affirmed a Board of Veterans’ Appeals decision denying his request for a higher disability rating. See Moore v. Nicholson, 21 Vet.App. 211 (2007) (“2007 Veterans Court Decision”). Because we conclude that the Department of Veterans Affairs (“VA”) erred in failing to obtain Moore’s service medical records before making a determination as to the severity of his psychiatric disability, we reverse and remand.

BACKGROUND

Moore served on active duty in the…

2Cases cited12 opinions

  1. Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  2. James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
  3. Garrett v. Hayre, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1999
  4. Comer v. PeakeCourt of Appeals for the Federal Circuit · 2009
  5. Daniel R. Howard, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Durden v. ColvinDistrict Court, M.D. Pennsylvania · 2016
  2. Walter A. Bryant v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
  3. Golz v. ShinsekiCourt of Appeals for the Federal Circuit · 2010
  4. Dixon v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  5. Goodman v. ShulkinCourt of Appeals for the Federal Circuit · 2017

23 more not listed; retrieve them via the Exa API.

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