James J. Terry, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

340 F.3d 1378
CourtCourt of Appeals for the Federal Circuit
DecidedOctober 23, 2003
Docket02-7416
StatusPublished
Cited by48 cases

This text of 340 F.3d 1378 (James J. Terry, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James J. Terry, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs, 340 F.3d 1378 (Fed. Cir. 2003).

Opinion

SCHALL, Circuit Judge.

James J. Terry is a veteran of the United States Army. In March of 1996, he filed a claim with the Department of Veterans Affairs (“VA”) Regional Office (“RO”) in Muskogee, Oklahoma, seeking compensation for service-connected presbyopia, a condition of the eye. The RO denied the claim and the Board of Veterans’ Appeals (“Board”) affirmed. Terry v. Principi, No. SS 073 36 5238 (B.V.A. Sept. 30, 1999). In sustaining the RO’s decision, the Board held that 38 C.F.R. § 3.303(c) barred Mr. Terry’s claim. 1 Id. The United States Court of Appeals for Veterans Claims (“Veterans Court”) affirmed the Board’s decision, rejecting Mr. Terry’s challenge to the validity of 38 C.F.R. § 3.303(c). Terry v. Principi, No. 99-2167, slip. op. at 2-3 (Vet.App. July 2, 2002). In so doing, the court relied upon its previous decision in Winn v. Brown, 8 Vet.App. 510 (1996). Id. Mr. Terry now appeals the court’s decision. We hold that 38 C.F.R. § 3.303(c) is valid and precludes Mr. Terry’s claim for compensation for presbyopia. Accordingly, we affirm the Veterans Court’s decision.

BACKGROUND

I. Factual Background

Mr. Terry served on active duty in the Army from December of 1974 to May of 1983. When he entered the Army, he underwent a medical enlistment examination. No defect was noted in his vision at that time, nor were any visual defects noted in an examination performed in 1979. However, Mr. Terry’s service medical records do reveal a diagnosis of central serous retinopathy of the left eye. 2 In May of 1996, Mr. Terry’s eyes were examined at the VA Medical Center in Oklahoma City, Oklahoma. The examiner diagnosed Mr. Terry with presbyopia. As explained below, presbyopia is a “refractive error of the eye” that develops with age.

II. Procedural History

In March of 1996, Mr. Terry filed a claim for service connection for his presbyopia with the RO in Muskogee, Oklahoma. The RO denied the claim on the ground that the evidence failed to show a disability for which service connection could be established. See Terry, No. SS 073 36 5238, slip op. at 2. The Board affirmed the RO’s denial of the claim. Id. at 9. The Board determined that presbyopia “is a refractive error of the eye, which is a constitutional or developmental abnormality, and is not a disability under VA law.” 3 Id. at 7. The Board concluded that 38 C.F.R. § 3.303(c) was a bar to Mr. Terry’s claim for service connection for presbyopia because the regulation provides that “refractive error of the eye” is not a disease or injury within the meaning of veterans’ benefits statutes. Id. at 9. The Board therefore held that Mr. Terry was not entitled to compensation for the condition. Id.

*1381 The Veterans Court subsequently affirmed the Board’s decision. Terry, No. 99-2167, slip. op. at 3. In so doing, the court rejected Mr. Terry’s challenge to the validity of 38 C.F.R. § 3.303(c) by relying upon Winn v. Brown, 8 Vet.App. 510 (1996). Id. at 2-3. In Winn, the court upheld the validity of section 3.303(c) in the face of a challenge by a veteran with a personality disorder. Winn, 8 Vet.App. at 515-16. Mr. Terry now appeals the decision of the Veterans Court upholding 38 C.F.R. § 3.303(c) and affirming the denial of his claim. On appeal, Mr. Terry urges that section 3.303(c) is invalid as applied to his claim for service connection for presbyopia.

ANALYSIS

I. Jurisdiction and Standard of Review

Our jurisdiction to review decisions of the Veterans Court is limited by statute. 38 U.S.C. § 7292; Forshey v. Principi, 284 F.3d 1335, 1338 (Fed.Cir.2002) (en banc). We have “exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under [section 7292], and to interpret constitutional and statutory provisions to the extent presented and necessary to a decision.” 38 U.S.C. § 7292(c). Our authority extends to deciding all relevant questions of law and we can set aside a regulation or an interpretation of a regulation relied upon by the Court of Appeals for Veterans Claims when we find it to be “arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations; or in violation of a statutory right; or without observance of procedure required by law.” Jones v. West, 194 F.3d 1345, 1349 (Fed.Cir.1999); see 38 U.S.C. § 7292(d)(1). Our authority does not extend to the ability to review factual determinations or the application of a law or regulation to a particular set of facts, unless a constitutional issue is presented. 38 U.S.C. § 7292(d)(2). No factual issues are presented in this case. The sole issue on appeal is Mr. Terry’s challenge to the validity of 38 C.F.R. § 3.303(c). Because Mr. Terry challenges the validity of a regulation, we have jurisdiction pursuant to 38 U.S.C. § 7292. The Veterans Court’s rejection of that challenge presents an issue of law that we review de novo. Santana-Venegas v. Principi, 314 F.3d 1293, 1296 (Fed.Cir.2002).

II. Mr. Terry’s Challenge to the Validity of 38 C.F.R. § 3.303(c)

On appeal, Mr.

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340 F.3d 1378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-j-terry-claimant-appellant-v-anthony-j-principi-secretary-of-cafc-2003.