FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)

What is the Deep Issue in the Case? This case involves the question of whether a veteran can service connect stand alone pain as  a disability for the purposes of VA disability compensation.  The basic VA disability compensation statute is clear: the VA must pay compensation for disability resulting from personal injury suffered in the line of duty. 38 USC §1110.  The veteran was diagnosed with patello-femoral pain syndrome (PFPS) in service. She complained of knee pain following service. The VA examiner opined that the veterans bilateral knee condition was related to the veteran’s service. Because the Board of Veterans Appeals found that pain, standing alone, could not be a disability, the BVA made no factual finding whether the veteran’s pain did or did not cause a functional impairment.  What constitutes a disability under 38 USC §1110, and can a veteran service connect stand alone pain as a compensable disability?  What did the…

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