Legal Opinion

Alan J. Vogan v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided November 15, 2010No. 09-0049PublishedCited by 10 opinions

1Opinion of the Court

DAVIS, Judge:

U.S. Marine Corps veteran Alan J. Vogan appeals through counsel from a September 23, 2008, Board of Veterans’ Appeals (Board) decision that denied an increased rating for postoperative residuals of gynecomastia 1 in both breasts. For the following reasons, the Court will affirm the Board’s September 2008 decision.

The appellant had active service from December 1998 to September 2001. Possibly as a result of losing a large amount of weight in order to enlist in the Marine Corps, he experienced gynecomastia in service. Therefore, in 1999, he underwent a bilateral mastectomy and two…

2Cases cited20 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
  4. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  5. Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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3Cited by10 opinions

  1. Tyra K. Mitchell v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  2. Catherine Cornell v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  3. 09-22 949Board of Veterans' Appeals · 2014
  4. 11-30 188Board of Veterans' Appeals · 2017
  5. Andre Martinez v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019

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