Monday, April 29, 2013

Trafter v. Shinseki (evidence required to obtain medical opinion in 1151 claims)

Trafter v. Shinseki, docket no. 10-3605 (Vet. App. Apr. 29, 2013)

The evidence needed to obtain a medical opinion in section 1151 claims is the same as that needed to obtain a medical opinion in regular disability claims – meaning that the evidence only needs to indicate that the claimant’s disability or symptoms may be associated with the VA hospital care, medical or surgical treatment, or examination provided by a VA employee or in a VA facility or as part of a VA rehabilitation program, i.e., Compensated Work Therapy.

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