United States Federal Circuit

Decision of the Veterans Court finding no clear and unmistakable error in a 1980 Board of Veterans' Appeals decision to deny claimant disability benefits is vacated and remanded, where: 1) claimant suffers from Leber's optic atrophy, a congenital condition in which vision deteriorates; 2) the essentially valid contrast between "disease" and "defect" is that the former is capable of improving or deteriorating and the latter is not, and the relevant legal question is thus whether the condition at-issue is capable of progression; 3) a progressive congenital condition does not become a "defect" simply because it ceases to progress; and 4) claimant's condition is capable of progression and is therefore a "disease".

Appellate Information

• Decided 11/20/2014
• Published 11/20/2014

Judges

• Dyk

Court

• United States Federal Circuit

Counsel