"medical opinions obtained from . . . [medical experts] provide sufficient bases for awarding a claim . . . and those physicians, by definition, examine only records, not patients"
How later courts described this case
- "medical opinions obtained from . . . [medical experts] provide sufficient bases for awarding a claim . . . and those physicians, by definition, examine only records, not patients"
Written by the judges who cited it.
The opinion
KRAMER and STEINBERG,
Judges, dissenting:
For the reasons set forth in Judge Kramer’s dissenting opinion to the panel opinion and because we believe that the panel opinion departs from the Court’s established precedent we voted for en banc review. See U.S. Vet.App. 35(c) (full Court review to “maintain uniformity of the Court’s decisions”). We believe that the case should be remanded for adjudication of the appellant’s well-grounded claim.