Walker v. Shinseki
2013 U.S. App. LEXIS 3690
| Fed. Cir. | 2013Background
- Walker filed a 2007 disability claim for bilateral hearing loss; RO denied it in 2010.
- Before the Board, testimony from Walker’s wife and son supported ongoing hearing loss since service.
- An VA audiologist examined Walker (2009) and opined the loss was more likely age-related, not primarily service-related.
- The Board applied the three-element service-connection test (present disability, in-service incurrence, nexus) and found no service connection.
- Walker died pending the Veterans Court appeal; his son substituted as accrued-benefits claimant; the Veterans Court affirmed the Board, and the Federal Circuit affirms on appeal.
- The central legal issue is whether § 3.303(b) can support service connection for a non-listed chronic disease (bilateral hearing loss) and whether continuity of symptomatology can apply beyond listed chronic diseases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3.303(b) applies to diseases not listed in §3.309(a). | Walker contends §3.303(b) covers any chronic disease. | Secretary argues §3.303(b) is constrained by §3.309(a) to listed chronic diseases. | §3.303(b) is constrained by §3.309(a); not available for bilateral hearing loss. |
| Whether continuity of symptomatology supports service connection for a non-listed chronic disease. | Walker seeks continuity of symptomatology as an alternative path. | Secretary restricts continuity to chronic diseases listed in §3.309(a). | Continuity is not available for non-listed diseases under §3.303(b). |
| Whether the Secretary’s interpretation of §3.303(b) as implicitly cross-referencing §3.309(a) is reasonable. | Walker asserts no cross-reference is needed for §3.303(b). | Secretary's reading is reasonable and harmonizes §§ 3.303(b), 3.307(a), and 3.309(a). | Court adopts Secretary’s interpretation that §3.303(b) is implicitly constrained by §3.309(a). |
Key Cases Cited
- Holton v. Shinseki, 557 F.3d 1363 (Fed. Cir. 2009) (approve three-element test framework for service connection)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (articulates three-element nexus framework)
- Arms v. West, 12 Vet. App. 188 (1999) (weights of medical evidence in VA determinations)
- Savage v. Gober, 10 Vet. App. 488 (1997) (continuity-based nexus discussion for §3.303(b))
- Groves v. Peake, 524 F.3d 1306 (Fed. Cir. 2008) (abrogates broader §3.303(b) extensions beyond listed diseases)
- Summers v. Gober, 225 F.3d 1293 (Fed. Cir. 2000) (discusses §3.303(b) nexus considerations)
- Szemraj v. Principi, 357 F.3d 1370 (Fed. Cir. 2004) (continuity of symptomatology and chronic disease)