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Single Judge Application; In Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018), the U.S. Court of Appeals for the Federal Circuit overruled nearly 20 years of precedent when it held that “pain in the absence of a presently diagnosed condition can cause functional impairment,” which may qualify as a “disability” under 38 U.S.C. § 1110. 886 F.3d at 1368, overruling Sanchez-Benitez v. West, 13 Vet.App. 282, 285 (1999), appeal dismissed in part and vacated in part on other grounds sub nom. Sanchez-Benitez v. Principi, 259 F.3d 1356 (Fed. Cir. 2001); The Federal Circuit held that pain alone may constitute a disability if it causes functional impairment, even without an identifiable underlying pathology. Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018); The Federal Circuit’s decision provides a means of establishing service connection without an explicitly diagnosed condition;
August 23, 2021
In "VA Law"
Saunders v. Wilkie, Apr 3, 2018, 886 F. 3d 1356 (Fed. Cir. 2018)
June 23, 2019
In "VA Claims"
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