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Polovick v. Shinseki

23 Vet. App. 48 (2008)

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Polovick v. Shinseki

United States Court of Appeals for Veterans Claims
23 Vet. App. 48 (2008)

CS

Facts

Michael Polovick (plaintiff) was a Vietnam War veteran who was exposed to the toxic herbicide Agent Orange during his service. In 1993, Polovick was diagnosed with a malignant brain tumor, and he died from the illness the following year. Polovick’s widow, Deanna, applied for survivor benefits with the Department of Veterans Affairs (the VA) (defendant), claiming that his disease was caused by the Agent Orange exposure. Deanna provided evidence from three private physicians who all asserted to varying degrees of certainty that Polovick’s tumor was caused by the exposure, based on their own knowledge, statistical analysis, and review of medical literature. The VA obtained a medical opinion from military doctors, however, that disputed this finding, based on the fact that Polovick’s condition was not confirmed to be statistically linked to Agent Orange exposure. The VA denied the claim, and Deanna appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, finding that the VA’s medical opinion was entitled to more weight than the private medical opinions because the private opinions conflicted with the fact that no statistical link had been definitively established.

Rule of Law

Issue

Holding and Reasoning (Kasold, J.)

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