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13+ years to get the proper decision - Hooray

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Hoppy

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Exactly.   See Colvin v. Derwinski,
1 Vet.App. at 175 (holding that the Board may only consider independent medical evidence in
support of its findings and may not substitute its own medical opinion); see also 38 U.S.C.
§ 5107(b); Mariano v. Principi, 17 Vet.App. 305, 313-17 (2003); see also Flash v. Brown,
8 Vet.App. 332, 339 (1995) (“The Board may not rely on its own unsubstantiated medical
conclusions to reject expert medical evidence in the record; rather, the Board may reject a claimant’s
medical evidence only on the basis of other independent medical evidence.”).

and also:

https://veteranclaimsresearchcases.wordpress.com/2009/03/11/mclendon-v-nicholson-no-04-0185/

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  • Content Curator/HadIt.com Elder

Congratulations Hoppy!

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