King v. Dept. Of Veterans Affairs
2012 U.S. App. LEXIS 24971
| Fed. Cir. | 2012Background
- King seeks VA disability for back and bilateral hip conditions, claimed secondary to knee disabilities.
- He and his wife submitted lay statements alleging causation and functional deterioration.
- Medical opinions include Dr. Dashiff (2000), VA spine/orthopedic exams (2000, 2003), and a 2008 VHA examiner, plus a 2009 treatise reference.
- Board denied the claim in 2009, finding lay evidence not competent to establish medical causation and favoring the VHA opinion.
- Veterans Court affirmed, holding lay evidence was weighed but not dispositive, and that the Board did not err in relying on expert medical opinion.
- Petitioner appeals to this court challenging the treatment and weighting of lay evidence and the court’s jurisdiction to review such rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can lay testimony establish medical causation? | King argues lay evidence can be competent and probative. | Board/Veterans Court properly deemed lay evidence insufficient when outweighed by medical opinions. | No jurisdiction to review weight; dismissed. |
| Did the Veterans Court misapply governing lay-evidence principles? | Veterans Court misapplied Buchanan/Jandreau/Davidson to discount lay evidence. | Court correctly weighed evidence under statutory/regulatory framework. | No jurisdiction to review the weight-of-evidence ruling; dismissal. |
Key Cases Cited
- Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006) (lay evidence can establish medical causation and must be considered)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (rejects requiring medical evidence for etiology when lay evidence suffices)
- Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (reiterates lay evidence can support diagnosis/causation; rejects overbroad medical-evidence rule)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir. 2000) (presumption of Board considering entire record)
- Willsey v. Peake, 535 F.3d 1368 (Fed. Cir. 2008) (weighing of evidence is a factual determination within the Board/Veterans Court)
- Bastien v. Shinseki, 599 F.3d 1301 (Fed. Cir. 2010) (limits judicial review to law-to-fact applications under 38 U.S.C. § 7292)