“Did the Veterans Court err when it expanded the prohibition against judicial review of the VA Schedule of Rating Disabilities in 38 U.S.C. §7252(b) to encompass a BVA decision that obesity and Dysmetabolic syndrome (DMS) could not be disabilities under 38 U.S.C. §1110?”
“Because we agree with Mr. Larson that 38 U.S.C. § 7252(b) does not bar the Veterans Court from reviewing a Board determination of what constitutes a disability for purposes of 38 U.S.C. § 1110, we reverse that portion of the Veterans Court’s decision and remand for further proceedings consistent with this opinion.”
