Topic: lay evidence can be competent and sufficient to establish a… · Go Syfert
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Topic #2349

7 canonical passages across 6 cases, quoted by 127 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Jandreau v. Nicholson.

#Case FlagCanonical passage Citers
1 Jandreau v. Nicholson Anchor
cafc · 2007
green “lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supp…” 42
2 Donald Buchanan, Claimant-Appellant v. R. James Nicholson, Secretary of Veterans Affairs
cafc · 2006
green “the board cannot determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence” 25
3 Davidson v. SHINSEKI
cafc · 2009
green “all pertinent medical and lay evidence” 18
4 Wilson v. Derwinski
cavc · 1991
green “symptoms, not treatment, are the essence of any evidence of continuity of symptomatology.” 15
5 Savage v. Gober
cavc · 1997
green “symptoms, not treatment, are the essence of any evidence of continuity of symptomatology.” 11
6 Brian J. Eldredge v. Department of the Interior
cafc · 2006
green “the board cannot determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence” 6

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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