Legal Opinion

Nielson v. SHINSEKI

Court of Appeals for the Federal Circuit

Decided June 7, 2010No. 2009-7129PublishedCited by 27 opinions

1Opinion of the Court

DYK, Circuit Judge.

Thomas M. Nielson (“Nielson”) appeals from a final judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying him entitlement to Department of Veterans Affairs (‘VA”) outpatient dental treatment and related dental appliances because the removal of his teeth during service was not due to a “service trauma” under 38 U.S.C. § 1712(a)(1)(C). Nielson v. Shinseki, 23 Vet.App. 56 (2009). We hold that a “service trauma” under the statute is an injury or wound produced by an external physical force during the performance of military duties, and…

2Cases cited23 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Perrin v. United StatesSupreme Court of the United States · 1979
  3. Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
  4. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  5. Brown v. GardnerSupreme Court of the United States · 1994

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3Cited by27 opinions

  1. Heino v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2012
  2. Gazelle v. ShulkinCourt of Appeals for the Federal Circuit · 2017
  3. Parrott v. ShulkinCourt of Appeals for the Federal Circuit · 2017
  4. Mylan Pharmaceuticals Inc. v. Research Corporation Tech.Court of Appeals for the Federal Circuit · 2019
  5. Res-Care, Inc. v. United StatesUnited States Court of Federal Claims · 2012

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

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