This morning, the Federal Circuit released a precedential opinion in a veterans case addressing the framework for how the Department of Veterans Affairs performs disability ratings by analogy. Late yesterday and this morning, the court also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

Webb v. McDonough (Precedential)

Some veterans have service-connected conditions that are not listed in the Department of Veterans Affairs’ (VA) Schedule of Disability Ratings. In those circumstances, the VA can choose an appropriate disability rating for the veteran’s unlisted condition by analogizing it to a listed one. This appeal involves the framework for how the VA performs such a rating by analogy.

John W. Webb appeals a decision of the U.S. Court of Appeals for Veterans Claims (Veterans Court) affirming the Board of Veterans’ Appeals’ determination that he was not entitled to a compensable disability rating for his unlisted service-connected condition because he did not meet all the criteria of the analogous condition’s diagnostic code. Because the Veterans Court misinterpreted the requirements of the applicable regulation, 38 C.F.R. § 4.20, we vacate its decision and remand for further consideration.