# Roberts v. West

> United States Court of Appeals for Veterans Claims · November 19, 1999 · 13 Vet. App. 185

URL: https://www.frixlaw.com/law-library/cases/8167656

## Case

- **Full name:** Melvyn L. ROBERTS v. Togo D. WEST, Jr., Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** November 19, 1999
- **Citations:** 13 Vet. App. 185; 1999 U.S. Vet. App. LEXIS 1294; 1999 WL 1051119
- **Precedential status:** Published
- **Opinion:** Concurrence by Ivers
- **Judges:** Greene, Holdaway, Ivers
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8167656

## How later opinions describe it (automated extraction)

- holding that “the fact that [a] medical opinion was inconclusive ... does not mean that the examination was inadequate.”

## Opinion text

IVERS, Judge,
concurring:
Attached to the veteran’s opposition to the Secretary’s motion for summary affirmance was a copy of Veterans Health Administration (VHA) Directive No. 98-052 (Nov. 18, 1998) (expires Sept. 30, 1999). This document could not have been before either the Secretary or the Board as it was not issued until after both had concluded their review of the claim. Therefore, the Court cannot comment on what effect the directive might have on whether the veteran, who is receiving medical care from VA for a service-connected disability, can obtain an opinion from a VA medical professional in an attempt to well ground his claim for an increased evaluation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8167656. Public record. Not legal advice.