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178:. He submitted numerous statements on his own behalf, including a statement from a fellow serviceman supporting his claim. He also submitted a medical report from a doctor that opined that his condition was "ight shoulder pain, most likely sequelae of his dislocation of the shoulder." Lastly, he submitted medical reports showing a history of a right shoulder dislocation and pain.
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upheld the denial, reasoning that the report from his doctor simply transcribed
Jandreau's own lay history. The Board also found that the statements provided by the Veteran and his fellow service member were not competent, as diagnosing a medical condition, it reasoned, is beyond the range of common
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Alva
Jandreau served in the U.S. Army from May 1957 to May 1959. In 1997, the Veteran filed a claim for residuals of a right shoulder injury. He provided a statement that his right shoulder condition started while in
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case, found that the Court had erred in its holding. In its analysis, it provided the following framework for when lay evidence can be competent and sufficient to establish a diagnosis:
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ultimately affirmed the Board's decision, holding that competent medical evidence is required when the issue at hand deals with medical etiology or a medical diagnosis.
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The VA Regional Office denied the claim, citing that there was no evidence of continuity of symptomatology since service. The
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case that dealt with competency of lay testimony as it pertains to establishing a diagnosis of a condition.
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Lay testimony describing symptoms at the time supports a later diagnosis by a medical professional
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The layperson is reporting a contemporaneous medical diagnosis, or
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This article incorporates text from this source, which is in the
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United States Court of
Appeals for the Federal Circuit cases
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A layperson is competent to identify the medical condition,
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United States Court of
Appeals for the Federal Circuit
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United States Court of
Appeals for the Federal Circuit
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United States Court of
Appeals for the Federal Circuit
198:The Federal Circuit, relying on the holding of the
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124:United States Court of Appeals for Veterans Claims
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188:Court of Appeals for Veterans Claims
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323:2007 in United States case law
221:The decision was reversed and
186:experience and knowledge. The
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183:Board of Veterans' Appeals
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269:"Jandreau vs. Nicholson"
243:"Jandreau vs. Nicholson"
176:dislocated his shoulder
37:, as no other articles
200:Buchanan vs. Nicholson
154:Jandreau vs. Nicholson
75:Jandreau vs. Nicholson
110:492 F.3d 1372 (2007)
56:for suggestions.
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115:Case history
102:July 3, 2007
61:January 2017
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143:Chief judge
307:Categories
229:References
165:Background
52:; try the
39:link to it
42:. Please
249:. Google
223:remanded
217:Decision
194:Analysis
107:Citation
99:Decided
146:Michel
35:orphan
33:is an
272:(PDF)
157:is a
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