Legal Opinion · Dissent
Arnold Kyhn v. Shinseki
Court of Appeals for the Federal Circuit
Decided May 3, 2013No. 2012-7003Published
1DissentLourie, Circuit Judge
I respectfully dissent from the majority’s decision to vacate and remand the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirming the decision of the Board of Veterans’ Appeals (“Board”) holding that Kyhn lacked service connection for tinnitus. Kyhn v. Shinseki, 24 Vet.App. 228 (2011) (“Kyhn II”). Because I believe that the Veterans Court did not err in requesting information from the Department of Veterans Affairs (“VA”) concerning its practice of scheduling and notifying veterans of medical examinations and also did not err in determining, based on…
2Cases cited14 opinions
- Charles W. Bazalo, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Timberlake v. GoberUnited States Court of Appeals for Veterans Claims · 2000
- Smith v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Bazalo v. BrownUnited States Court of Appeals for Veterans Claims · 1996
- Deloach v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
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