Joyner v. McDonald
2014 U.S. App. LEXIS 17611
Fed. Cir.2014Background
- Joyner, a Marine Corps veteran, appealed a VA denial of neck-pain compensation.
- VA denied benefits for chronic neck pain; Board affirmed no diagnosed neck condition under §1110.
- Veterans Court held §1117 does not cover pain as a disability, denying compensation.
- Appeal argues that §1117 covers undiagnosed illnesses manifested by pain.
- Court reviews legal determinations de novo, not underlying facts.
- This opinion vacates the Veterans Court decision and remands for proper §1117 analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pain can be a qualifying chronic disability under §1117. | Joyner contends pain may evidence an undiagnosed illness. | Government concedes pain may be a manifestation but argues error harmless. | Pain may constitute a qualifying chronic disability; remand. |
| Whether the Veterans Court correctly interpreted the need for diagnosis under §1117(a)(2)(A). | Joyner argues a diagnosis is not required if signs indicate undiagnosed illness. | Government asserts a medical diagnosis is necessary to justify compensation. | Regulatory framework allows undiagnosed illness analysis without exhaustive diagnosis; remand. |
| Whether the case should be remanded to analyze undiagnosed illness elements under §1117. | Joyner seeks proper §1117 analysis for undiagnosed illness. | Government contends continued consideration is unnecessary. | Remand to determine if Joyner has an undiagnosed illness and satisfies §1117 elements. |
Key Cases Cited
- Rodriguez v. Peake, 511 F.3d 1147 (Fed. Cir. 2008) (de novo review of legal determinations; no review of facts)