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Legal Opinion

Paul W. Hyatt v. R. James Nicholson

United States Court of Appeals for Veterans Claims

Decided August 6, 2007No. 04-0957PublishedCited by 10 opinions

1Opinion of the Court

KASOLD, Judge:

Veteran Paul W. Hyatt appeals through counsel an April 26, 2004, decision of the Board of Veterans’ Appeals (Board) that denied his claim for disability compensation for a lumbar spine disability because it found that his disability was not service connected. For the reasons set forth below, the decision of the Board that the Secretary complied with his duty to assist will be reversed, the decision will otherwise be set aside, and the matter will be remanded for further adjudication.

I. BACKGROUND AND ARGUMENTS

Mr. Hyatt served in the U.S. Marine Corps from December 1958 to…

2Cases cited23 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Goodyear Atomic Corp. v. MillerSupreme Court of the United States · 1988
  5. Kay v. PrincipiUnited States Court of Appeals for Veterans Claims · 2002

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3Cited by10 opinions

  1. Hyatt v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  2. Paul W. Hyatt v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
  3. Clyde McKinney, Jr. v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  4. 07-12 963Board of Veterans' Appeals · 2013
  5. Clyde McKinney, Jr. v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016

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

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