Cushman v. Shinseki, No. 08-7129

In a dispute involving a veteran's service-connected disability claim, Court of Appeals for Veterans Claims judgment is reversed where: 1) a veteran alleging a service-connected disability has a due process right to have his claim for veteran's disability benefits decided according to fundamentally fair procedures; and 2) plaintiff's due process right to a fair hearing was violated by the consideration of tainted medical evidence.  

Read Cushman v. Shinseki, No. 08-7129

Appellate Information
Appeal from the United States Court of Appeals for Veterans Claims
Decided August 12, 2009

Judges
Before SCHALL, PLAGER, and PROST, Circuit Judges.
Opinion by PROST, Circuit Judge.

Counsel
For Appellant: Kevin A. Calia, Morrison & Foerster LLP, of San Francisco, California.

For Appellee: Martin F. Hockey, Jr., United States Department of Justice, Washington, DC.