Legal Opinion
Thun v. Shinseki
Court of Appeals for the Federal Circuit
Decided July 17, 2009No. 2008-7135PublishedCited by 77 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
In most veterans’ benefits cases, the Department of Veterans Affairs (“DVA”) assigns disability ratings based on a schedule of ratings for specific injuries and diseases. Sometimes, however, the schedular criteria are inadequate to capture the full extent and impact of the veteran’s disability. The DVA has provided by regulation that in such an exceptional case the veteran may be eligible for an “extra-schedular” disability rating. 38 C.F.R. § 3.321(b)(1).
This appeal concerns the proper allocation of authority to adjudicate a veteran’s entitlement to an extra-schedular…
2Cases cited4 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Dennis M. Thun v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
- Haas v. PeakeCourt of Appeals for the Federal Circuit · 2008
3Cited by77 opinions
- Johnson v. McDonaldCourt of Appeals for the Federal Circuit · 2014
- Doucette v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
- Nova v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2020
- Smith v. ShinsekiCourt of Appeals for the Federal Circuit · 2011
- David J. Jones v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2012
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