McCole v. Railroad Retirement Board

WALLACE, Senior Circuit Judge.

McCole petitions for review of a decision by the Railroad Retirement Board (Board) which denied his claim for an occupational disability annuity and for disability Medicare coverage. The Board had jurisdiction pursuant to 45 U.S.C. § 231f. We have jurisdiction of this timely filed appeal pursuant to 45 U.S.C. § 231g (incorporating by reference 45 U.S.C. § 355(f)). We deny the petition.

We will not set aside a decision of the Board regarding entitlement to benefits under the Railroad Retirement Act (Act) “if it is supported by substantial evidence in the record and…