The United States Court of Appeals for Veterans Claims judgment affirming the decision of the Board of Veterans’ Appeals (Board) denying petitioner’s service-connection for an eye disability is affirmed as absent some challenge to the expertise of a Department of Veterans Affairs (VA)expert, there are no statutory or other requirement that VA must present some affirmative evidence of a physician’s qualifications in every case as a precondition for the Board’s reliance upon that physician’s opinion.
Read Rizzo v. Shinseki, No., 09-7026
Appellate Information
Appeal from: United States Court of Appeals for Veterans ClaimsDecided September 8, 2009
Judges
Before Michel, Chief Judge, Lourie and Rader, CIrcuit Judges. Opinion by Rader, Circuit Judge.
Counsel
For Appellant: Douglas J. Rosinski, Ogletree, Deakins, Nash, Smoak & Stewart PC.
For Appellee: Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.
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