Legal Opinion

Smith v. Shinseki

Court of Appeals for the Federal Circuit

Decided August 8, 2011No. 2010-7145PublishedCited by 18 opinions

1Opinion of the Court

DYK, Circuit Judge.

Curtis E. Smith (“Smith”) appeals a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) that denied him a rating of total disability based on individual unemployability (“TDIU”). Smith argued that the Veterans Administration (“VA”) was required to obtain an industrial survey from a vocational expert to evaluate TDIU claims such as Smith’s. The Veterans Court rejected this argument. We affirm.

Background

Smith served in active military duty for training from July 1972 to November 1972, active military duty from February 1975 to February 1979, and in the…

2Cases cited6 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Ronald L. DeLORME, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
  3. Beverly Fields v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1986
  4. Thun v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  5. Van Hoose v. BrownUnited States Court of Appeals for Veterans Claims · 1993

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

3Cited by18 opinions

  1. Randy L. Pederson v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  2. Thomas F. Cacciola v. Sloan D. GibsonUnited States Court of Appeals for Veterans Claims · 2014
  3. Nova v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2020
  4. Margreit Castellano v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  5. Johnson v. McDonaldUnited States Court of Appeals for Veterans Claims · 2016

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

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