Bellezza v. Principi

I agree with the majority that a remand is required in this case because the Board of Veterans’ Appeals (Board or BVA) erred by limiting its review to whether a VA physician had determined under 38 C.F.R. § 17.121 (2001) that an emergency had ended. However, I disagree with the majority’s holding that the Board may review only whether the VA physician’s decision was based on sound medical judgment. For the reasons discussed below, I believe that § 17.121 is invalid to the extent that it is inconsistent with the statutory requirements of 38 U.S.C. §§ 5107(b) and 7104(a).

In its decision on…