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  1. Excerpt: "A recent ruling by the U.S. Court of Appeals for Veterans Claims may have a major effect on the outcome of many veteran's disability claims. On April 3, the court ruled that pain, without any underlying disability, may be a valid reason for awarding VA compensation benefits. Injury Occurred While On Active Duty The ruling is a result of Gulf war veteran Melba Saunders, who served in the Army from Nov. 1987 until Oct. 1994. Saunders suffered a knee injury while in service and was treated by military doctors and diagnosed with "patellofemoral pain syndrome, " according to Web-MD that is also known as "knee-pain." She filed a disability claim after leaving the military and was denied, the story is long, but the VA eventually denied her claim, saying "patellofemoral pain syndrome...is productive of no ascertainable impairment." In English that means that her injury, while it was painful, was not an impairment, and therefore not a disability. All this means is that the VA said she had no real disability, there was no injury that qualified her for compensation. To the VA pain, in and of itself, was not a disability. Court Says A Disability Doesn't Necessarily Have To Be A Diagnosed Injury The law (38 U.S.C. ยง 1110) says that VA shall award compensation benefits "for disability resulting from personal injury suffered...in line of duty." The law doesn't tell the VA to award compensation for an injury, but for the disability caused by the injury. That is why if you have a greater disability, you normally have a lesser potential earning ability, or lesser enjoyment of life than someone with a lesser disability; therefore you are awarded a greater compensation for that disability, to make up for your reduced earning ability, etc." Much more here with related hot links: https://www.military.com/militaryadvantage/2018/04/06/court-rules-chronic-pain-va-disability.html Safe travels!
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