The United States Court of Appeals for Veterans Claims' (Veterans Court) decision finding that claimant's husband did not die from a service-connected or compensable disability is vacated and remanded as the Veterans Court ignored the precedent of the circuit court and incorrectly interpreted 38 U.S.C. section 1154 to require a medical opinion to prove a nexus between a veteran's death and in-service disease.
Appeal from: United States Court of Appeals for Veterans Claims
Decided September 14, 2009
For Appellant: Bertha G. Davidson, pro se.
For Appellee: Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil DIsivision, United States Department of Justice, Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director, and Rachel T. Shenkman, Staff Attorney, Office of the General Counsel, United States Department of Veterans Affairs.