The Court of Federal Claims recently re-emphasized that correction boards cannot summarily dismiss the findings of the Department of Veterans Affairs (VA) relative to disability.
In McCabney v. United States an Army veteran was determine unfit based on bunions but the Veteran disagreed with his rating. VA had conducted an examination shortly before discharge and it assigned him a combined 50% rating for flat foot and bunions. However, the Army refused to honor the VA rating contending that the Veteran's flat foot was not unfitting
On appeal, the Court of Federal Claims said that the Army BCMR had not given sufficient weight to the VA findings. The Court noted that the VA exam occurred shortly prior to discharge and while a correction board can give less weight to VA materials, it cannot ignore them. A mere mention of a VA exam in the board's opinion is insufficient. The Court criticized the Army's reliance on years old medical records instead of the VA exam.
Correction boards often wave away VA decision based on the fact that they do not control the unfitness determination. The McCabney case says more is needed to disregard a VA determination.
In McCabney v. United States an Army veteran was determine unfit based on bunions but the Veteran disagreed with his rating. VA had conducted an examination shortly before discharge and it assigned him a combined 50% rating for flat foot and bunions. However, the Army refused to honor the VA rating contending that the Veteran's flat foot was not unfitting
On appeal, the Court of Federal Claims said that the Army BCMR had not given sufficient weight to the VA findings. The Court noted that the VA exam occurred shortly prior to discharge and while a correction board can give less weight to VA materials, it cannot ignore them. A mere mention of a VA exam in the board's opinion is insufficient. The Court criticized the Army's reliance on years old medical records instead of the VA exam.
Correction boards often wave away VA decision based on the fact that they do not control the unfitness determination. The McCabney case says more is needed to disregard a VA determination.