Summary
This Federal Circuit opinion reviews a Veterans Court decision denying a Navy veteran’s claim for service connection for a left shoulder disability. The central issue is whether an asymptomatic preexisting shoulder condition noted on a service entrance examination defeats the statutory presumption of soundness under 38 U.S.C. § 1111. The court holds that the presumption does not apply to defects noted at enrollment regardless of whether they are symptomatic or asymptomatic at that time. Consequently, the court affirms the lower court’s legal ruling but dismisses the appeal regarding factual determinations outside its jurisdiction.
Topics
Practice areas
Questions Presented
- Whether an asymptomatic preexisting condition noted at service entry is a "defect" under 38 U.S.C. §1111
- Whether the Veterans Court erred in its interpretation of §1111
Holdings
- An asymptomatic condition that is noted in the service‑entrance examination report qualifies as a "defect, infirmity, or disorder" under §1111 and therefore defeats the presumption of soundness.
- The Veterans Court correctly interpreted §1111; its interpretation is affirmed.
Key quotations
““when sections 1110 and 1111 are read together, ‘the term “defect” in section 1111 necessarily means a defect that amounts to or arises from disease or injury.’””
Factual background
Amezquita, a Navy veteran, underwent a Bankart repair surgery on his left shoulder before entering service. At his service‑entrance medical exam he was listed as "completely asymptomatic" and cleared for service. After discharge he filed a claim for a left‑shoulder disability, which the Board denied, holding the presumption of soundness did not apply because the preexisting condition was noted at entry.
Procedural history
The Veterans Court denied Amezquita's claim for service connection for a left shoulder disability, finding the presumption of soundness did not apply because a preexisting condition was noted at service entry. Amezquita appealed to the Federal Circuit.