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Excerpt from decision:
” We see no reason to distinguish between how the presumption applies to “general” medical examiners as compared to “specialists.” The presumption is that the VA has properly chosen an examiner who is qualified to provide competent medical evidence in a particular case absent a challenge by the veteran. Parks, 716 F.3d at 585; 38 C.F.R. § 3.159(c)(4)
United States Court of Appeals for the Federal Circuit
ERNEST L. FRANCWAY, JR.,Claimant-Appellant
ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS,Respondent-Appellee
Appeal from the United States Court of Appeals for Veterans Claims in No. 16-3738, Judge Michael P. Allen, Judge Amanda L. Meredith, Judge Joseph L. Toth.
Decided: July 23, 2019
WILLIAM H. MILLIKEN, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for claimant-appellant. Also represented by MICHAEL E.JOFFRE. WILLIAM JAMES GRIMALDI, Commercial Litigation Branch, Civil Division, United States Department of Jus-tice, Washington, DC, argued for respondent-appellee. Also represented by JOSEPH H.HUNT, MARTIN F.HOCKEY,JR.,ROBERT EDWARD KIRSCHMAN,JR.; LARA EILHARDT,SAMANTHA ANN SYVERSON, Y.KEN LEE, Office of General FRANCWAY v. WILKIE2Counsel, United States Department of Veterans Affairs, Washington, DC.
Before PROST,Chief Judge, LOURIE and DYK,Circuit Judges.DYK, Circuit Judge.
Ernest L. Francway appeals from the Court of Appeals for Veterans Claims’ (“Veterans Court’s”) decision affirming the Board of Veterans’ Appeals’ (“Board’s”) denial of Francway’s claim for disability compensation. We affirm.
Francway served on active duty in the United States Navy from August 1968 to May 1970.While serving on an aircraft carrier in 1969, Francway
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Francway v. Wilkie, No. 2018-2136(Decided: July 23, 2019); Rizzo v. Shinseki, 580 F.3d 1288, 1290-91 (Fed. Cir. 2009); presumption of competency;
Excerpt from decision: " We see no reason to distinguish between how the presumption applies to "general" medical examiners as compared to "specialists." The presumption is that the VA has properly chosen an examiner who is qualified to provide competent medical evidence in a particular case absent a challenge by the veteran.