This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion affirms the denial of a 100% disability rating. The Federal Circuit also issued two Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.
Breland v. McDonough (Precedential)
Willis E. Breland appeals the decision of the United States Court of Appeals for Veterans Claims affirming the decision by the Board of Veterans’ Appeals denying his request for a 100% disability rating for tongue cancer under 38 C.F.R. § 4.114, Diagnostic Code 7343 for two periods of time—totaling nearly ten years—in which he did not have cancer. Because we agree with the Veterans Court’s interpretation of the regulation, we affirm.