Fed. Circ. Says Pain Alone Can Support VA Disability Benefits

Law360 (April 3, 2018, 5:11 PM EDT) -- The Federal Circuit on Tuesday revived a U.S. Army veteran's claim for U.S. Department of Veterans Affairs disability benefits stemming from knee pain, ruling that pain alone can be considered a disability.

The Court of Appeals for Veterans Claims misinterpreted a disability benefit statute when it ruled that Melba Saunders' knee pain could not, in the absence of a specific diagnosis or other identified disease or injury, be considered the basis for benefits, a three-judge panel ruled in a precedential decision.

"We conclude that pain is an impairment because it diminishes the body's ability to function, and that pain need not be...

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