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JANDREAU v. NICHOLSON

No. 2007-7029.

492 F.3d 1372 (2007)

Alva JANDREAU, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 3, 2007.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant. With him on brief was Zachary M. Stolz.

Leslie Cayer Ohta, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel; and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, and BRYSON and DYK, Circuit Judges.

DYK, Circuit Judge.

Alva Jandreau ("Jandreau") appeals the judgment of the United States Court of Appeals for Veterans Claims ("Veterans' Court"). That court affirmed an earlier decision of the Board of Veterans' Appeals ("Board") that denied service connection for residuals of a right-shoulder dislocation. We reject appellant's argument that the evidentiary standard should be relaxed, but hold that the Veterans' Court improperly held that lay evidence cannot be used...

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