Saunders v United States

Saunders v United States 2018-04-12

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Jason Perry submitted a new resource:

Saunders v United States - Federal Court of Appeals case stating pain is a basis for VA compensation

This case is very important. First, as far as its impact, it is a decision of a three judge case before the US Court of Appeals for the Federal Circuit. This is a court above the US Court of Appeals for Veterans Claims (and one level of judicial review below the US Supreme Court). This case may be appealed to the Supreme Court, but, for now, this case is binding law.

As far as substance, it is HUGE. The reason for this is two-fold. First, it impacts a huge number of cases. Second, it states...
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Jason Perry

Comments

Former MiTT Team Leader

PEB Forum Veteran
Registered Member
#2
Sir, how does this impact things like being diagnosed fibriomalgyia, pain for existing service conditions such as arthritis, etc..... and or conditions not service connected?????

Or is perhaps too early to tell.....?????
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#5
I have been following this case. Do you predict an appeal by the the VA?
If you just want my gut instinct, I don't think an appeal is likely.

The next level of appeal is to the US Supreme Court. Given the reasons for the decision and the Trump Administrations position on being seen as supportive of veterans, I don't know that an appeal makes sense as a likely step. Also, the recent firing of the VA Secretary (Shulkin) makes me think that the time for appeal might pass because of internal VA politics. All of this is pure guess-work and I could be dead wrong.

We will have to see what shakes out. Until an appeal is successfully made, this case is binding and precedential law.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#6
If you just want my gut instinct, I don't think an appeal is likely.

The next level of appeal is to the US Supreme Court. Given the reasons for the decision and the Trump Administrations position on being seen as supportive of veterans, I don't know that an appeal makes sense as a likely step. Also, the recent firing of the VA Secretary (Shulkin) makes me think that the time for appeal might pass because of internal VA politics. All of this is pure guess-work and I could be dead wrong.

We will have to see what shakes out. Until an appeal is successfully made, this case is binding and precedential law.
Thank you. I hope your correct. It will not affect me, but may help many others Vets.
 

texas85

Registered Member
#7
So... if I am reading this right. I don't need an official diagnosis, but if I have pain in my left knee then it should be at least considered?
 

poohbear331

PEB Forum Veteran
Registered Member
#9
Yes-
pain is subjective- one persons "10" is someone else's 4.
something else that changes a persons pain rating- chronic conditions. if you have one you "get use to it" and your view of pain/tolerance changes
 

FloridaInjuredInCombat

PEB Forum Veteran
Registered Member
#10
There is current research on Objectively measuring pain through EEG testing. MIT published their research on it in 2011 and a company called PainQx is selling a product for it. I could see the VA someday using a "machine" to test Veterans pain for rating and compensation, but knowing the VA they'll set the controls to make excruciating pain barely register on the report.
 

chaplaincharlie

PEB Forum Veteran
Registered Member
#11
The problem with EEG in general is that probe placement is an critical to good results. While most of us share the same basic anatomy, there are lots of minor and infrequently some major (situs inversus) variations. So the machine is only as good as the operator.
 
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