Buchanan v Nicholson: veteran can report lay observations
Question asked:
“In Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006), the court held that a veteran is competent to report matters capable of lay observation, including symptoms, onset, continuity, and circumstances of service.”
Summary
The Federal Circuit in Buchanan v. Nicholson, 451 F.3d 1331, 1337 (2006) held that a veteran is competent to report matters that can be observed by a layperson, including symptoms, onset, continuity, and service circumstances. This principle is consistently cited in subsequent VA decisions.
Sources 60 searched
- Citation Nr: 1230389 Decision Date: 09/05/12 Archive Date: 09/10/12
See also Buchanan v. Nicholson, ... is unaccompanied by contemporaneous medical evidence" such as actual treatment records). The Veteran is competent to report the Veteran can observe ......
- Citation Nr: A22000656 Decision Date: 01/18/22 Archive Date: 01/18/22
Lay evidence cannot be determined ... v. Nicholson, 451 F.3d 1331, 1336-37 (Fed. Cir. 2006). However, the lack of contemporaneous medical evidence can be considered and weighed against a Veteran's lay statements....
- 1709371.txt
He, as a layperson, is competent ... senses. See Layno, 6 Vet. App. 465. The Board emphasizes that lay evidence does not lack credibility merely because it is unaccompanied by contemporaneous medical evidence. See Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed....
- Buchanan v. Nicholson - Wikipedia
The Federal Circuit concluded that ... in that lay evidence. The case was vacated and remanded to the Veterans Court. ↑ Ridgway, James (2015). Veterans Law: Cases and Theory. United States: West Academic Publishing. pp. 332–336. ISBN ... ↑ "Buchanan vs. Nicholson" ...
- 451 F.3d 1331 - Buchanan v. Nicholson — 451 F.3d 1331 | OpenJurist
... The Veterans Court here stated that the Board found no "competent" evidence of record to substantiate Mr. Buchanan's claim that his psychiatric condition began during his first period of service or within the first year after service and ...
- 451 F3d 1331 Buchanan v. R Nicholson | OpenJurist
... The Veterans Court here stated that the Board found no "competent" evidence of record to substantiate Mr. Buchanan's claim that his psychiatric condition began during his first period of service or within the first year after service and thus, the Board's decision was not clearly erroneous.
- 451 F.3d 1331
... The Veterans Court here stated that the Board found no "competent" evidence of record to substantiate Mr. Buchanan's claim that his psychiatric condition began during his first period of service or within the first year after service and thus, the Board's decision was not clearly erroneous.
- BUCHANAN v. NICHOLSON (2006) | FindLaw
This statement reflects the Board's view that it considered the lay statements to be of slight probative value because of the significant time delay between the affiants' observations of Mr. Buchanan's behavior and the date on which the statements were written. That determination by the Board is completely within the Board's discretion to weigh the evidence submitted by the veteran in support of a claim for benefits and it does not appear to be the subject of Mr.
- Donald Buchanan, Claimant-appellant, v. R. James Nicholson, Secretary of Veterans Affairs, Respondent-appellee, 451 F.3d 1331 (Fed. Cir. 2006) :: Justia
This statement reflects the Board's view that it considered the lay statements to be of slight probative value because of the significant time delay between the affiants' observations of Mr. Buchanan's behavior and the date on which the statements were written. That determination by the Board is completely within the Board's discretion to weigh the evidence submitted by the veteran in support of a claim for benefits and it does not appear to be the subject of Mr.
This fact check is free and donation-based. $1 powers ~30 fact-checks.
