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Loving v. Nicholson

19 Vet. App. 96 (2005)

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Loving v. Nicholson

United States Court of Appeals for the Federal Circuit
19 Vet. App. 96 (2005)

SH

Facts

Herman L. Loving, Jr. (plaintiff) served in the US Army. Thirty years later, while Loving was at a Department of Veterans Affairs (VA) clinic, a metal ceiling grate fell on Loving. Loving notified the VA of intent to file a claim based on being injured while being seen at a VA clinic, complaining of knee pain. The regional office (RO) denied Loving’s claim. Loving appealed to the Board of Veterans’ Appeals (the board). The board denied Loving’s claim on the ground that the injury was not related to the provision of medical care by the VA outpatient facility. Loving appealed. On appeal, Loving argued that the board had not made a finding regarding whether the event that caused Loving’s injury was reasonably foreseeable, as it was required to do by the relevant law.

Rule of Law

Issue

Holding and Reasoning (Hagel, J.)

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