Fagan v. Shinseki, No. 08-7112

United States Court of Appeals for Veterans Claims judgment denying a claim for service connection benefits for bilateral hearing loss is affirmed where the court did not misinterpret the benefit of the doubt doctrine under 38 U.S.C. sec. 5107(b), and properly decided that claimant could not benefit from the doctrine because the preponderance of evidence weighed against a nexus between his further hearing loss and his military service.    

Read Fagan v. Shinseki, No. 08-7112

Appellate Information
Appeal from the United States Court of Appeals for Veterans Claims.
Decided: July 22, 2009

Judges
Before MICHEL, Chief Judge, SCHALL and LINN, Circuit Judges.
Opinion by SCHALL, Circuit Judge.

Counsel
For Appellant: Kathleen A. Daley, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
For Respondent: Jane W. Vanneman, United States Department of Justice.