Nova v. Secretary of Veterans Affairs, No. 20-1321 (Fed. Cir. 2022)
Annotate this CaseThe Department of Veterans Affairs rating schedule standardizes the evaluation of how severely diseases and injuries resulting from military service impair veterans’ earning capacity, 38 C.F.R. 4.1. The rating schedule is divided into diagnostic codes that provide disability ratings for various symptoms or conditions. The Federal Circuit, pursuant to 38 U.S.C. 502, reviewed the VA’s interpretation of two diagnostic codes: DCs 5055 and 5257: the “Knee Replacement Manual Provision” and the “Knee Joint Stability Manual Provision.” The court concluded that DC 5055 is ambiguous as to whether it includes partial knee replacements and, that under controlling Supreme Court precedent, the Secretary’s interpretation is not entitled to deference. A “Guidance” promulgated to clarify that the Provision applied only to total joint replacement did not go through the notice-and-comment procedure followed when the original Diagnostic Code was enacted. The court, therefore, applied the “pro-veteran” canon of construction. The court dismissed the challenge to the Knee Joint Stability Manual Provision as moot because the Secretary rescinded the Manual provision.
This opinion or order relates to an opinion or order originally issued on May 6, 2020.
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