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

Released 4/3/18 at Law 360 (subscription may be required to view) | Tags: Class Actions

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.

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