Legal Opinion
Robert Fountain v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
Decided February 9, 2015No. 13-0540PublishedCited by 22 opinions
1Opinion of the Court
MOORMAN, Judge:
The appellant, Robert Fountain, through counsel, seeks review of a January 28, 2013, decision of the Board of Veterans’ Appeals (Board) denying service connection for tinnitus. On appeal, the appellant contends that the Board failed to- provide an adequate statement of reasons or bases for rejecting his testimony concerning the continuity of his symptoms after service. The Secretary argues that any such error is harmless under Walker v. Shinseki, 708 F.3d 1331, 1339-40 (Fed.Cir.2013), because tinnitus is not listed under 38 C.F.R. § 3.309(a), as a chronic condition. This panel…
2Cases cited44 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Auer v. RobbinsSupreme Court of the United States · 1997
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Brown v. GardnerSupreme Court of the United States · 1994
- Tyler v. CainSupreme Court of the United States · 2001
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3Cited by22 opinions
- Correia v. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Hudgens v. McDonaldCourt of Appeals for the Federal Circuit · 2016
- Cantrell v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
- Crystal D. Southall-Norman v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Molitor v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
17 more not listed; retrieve them via the Exa API.