Thun v. Shinseki, No. 08-7135
In a dispute involving veterans' disability ratings, Court of Appeals for Veterans Claims judgment is affirmed where, although only the Under Secretary for Benefits and the Director of the Compensation and Pension Service are authorized to assign an extra-schedular disability rating under Department of Veteran's Affairs regulations, DVA regional offices and the Board of Veterans' Appeals may conduct initial screenings and fact finding of disability claims and may refer to the Under Secretary or the Director those claims that have a plausible basis for extra-schedular consideration.
Appeal from the United States Court of Appeals for Veterans Claims
Decided July 17, 2009
Before MAYER, RADER, and BRYSON, Circuit Judges..
Opinion by BRYSON, Circuit Judge.
For Appelle: Meredyth Cohen Havasy, United States Department of Justice, Washington, DC.