Narrative Opinion Summary
This case involves an appeal by a veteran contesting the Veterans Court's decision that it lacked jurisdiction to review whether obesity and dysmetabolic syndrome (DMS) qualify as disabilities under 38 U.S.C. § 1110. The veteran, whose claims were denied by the VA and upheld by the Board in 2016, sought to establish service connection for these conditions without challenging the VA's rating schedule. The Veterans Court initially held that reviewing the Board's determination would implicate the rating schedule, barred under 38 U.S.C. § 7252(b). However, the Federal Circuit reversed this decision, citing that the jurisdictional prohibition against reviewing the rating schedule does not apply when a veteran seeks to establish a service connection. The court referenced Saunders v. Wilkie to support its position, emphasizing that the Veterans Court can review what constitutes a disability as it pertains to functional impairment of earning capacity. The court remanded the case for further proceedings, allowing the Veterans Court to review the Board's determination regarding the appellant's claims. Consequently, the Federal Circuit's decision enables the Veterans Court to assess whether the veteran's conditions qualify as disabilities without altering the rating schedule.
Legal Issues Addressed
Jurisdiction of Veterans Court under 38 U.S.C. § 1110subscribe to see similar legal issues
Application: The Federal Circuit determined that the Veterans Court has jurisdiction to review what constitutes a disability under 38 U.S.C. § 1110, countering the Veterans Court's previous assertion that it lacked such jurisdiction.
Reasoning: The Federal Circuit finds that the Veterans Court does have jurisdiction to review such determinations, contradicting the lower court's position that this would involve impermissibly reviewing the ratings schedule under 38 U.S.C. § 7252(b).
Legal Interpretation of 'Disability' under 38 U.S.C. § 1110subscribe to see similar legal issues
Application: The court referenced Saunders v. Wilkie to establish that 'disability' under § 1110 pertains to functional impairment of earning capacity and can be reviewed by the Veterans Court without necessitating a strict diagnosis.
Reasoning: The court references Saunders, where it clarified that the Veterans Court can review what constitutes a disability under § 1110, specifically emphasizing that a definition of 'disability' relates to functional impairment of earning capacity rather than requiring a strict diagnosis.
Prohibition Against Reviewing the Rating Schedule under 38 U.S.C. § 7252(b)subscribe to see similar legal issues
Application: The court clarified that the jurisdictional restriction against reviewing the rating schedule does not apply when evaluating whether a condition qualifies as a disability under § 1110, as Mr. Larson’s appeal focuses on service connection rather than challenging the rating schedule.
Reasoning: The jurisdictional restriction in Section 7252(b) does not apply when a veteran is only attempting to establish service connection for disabilities under 38 U.S.C. § 1110.
Role of the VA in Initial Determinationssubscribe to see similar legal issues
Application: The court refrained from deciding whether DMS or obesity are disabilities for § 1110 purposes or their connection to service, highlighting that such evaluations are to be made initially by the VA.
Reasoning: The court refrains from deciding if DMS or obesity are disabilities for § 1110 purposes or their connection to Mr. Larson's service, as such evaluations should be made by the VA initially.