Sweitzer v. Brown

5 Vet. App. 503, 1993 U.S. Vet. App. LEXIS 623, 1993 WL 429759
CourtUnited States Court of Appeals for Veterans Claims
DecidedOctober 22, 1993
DocketNo. 92-337
StatusPublished
Cited by17 cases

This text of 5 Vet. App. 503 (Sweitzer v. Brown) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sweitzer v. Brown, 5 Vet. App. 503, 1993 U.S. Vet. App. LEXIS 623, 1993 WL 429759 (Cal. 1993).

Opinions

FARLEY, Judge:

This appeal presents an issue of statutory interpretation: whether appellant “suffered an injury, or an aggravation of an injury ... as a result of having submitted to an examination_” 38 U.S.C.A. § 1151 (West 1991). In a decision dated October 23, 1991, the Board of Veterans’ Appeals (Board) held that appellant had not submitted a well grounded claim to entitlement to compensation under § 1151 because any additional lower back disability he may have sustained was not the result of hospitalization, medical treatment, or examination by the Department of Veterans Affairs (VA). The Court has jurisdiction [504]*504pursuant to 38 U.S.C.A. § 7252(a) (West 1991). For the reasons set forth below, the Court will affirm the Board’s October 1991 decision.

I. Facts

The legal issue presented for review arises in a factual context that is not in dispute. On February 2, 1990, appellant reported to the radiology department of the VA Medical Center in Long Beach, California, for a scheduled upper gastrointestinal x-ray examination. R. at 51, 105, 107. Upon checking in, appellant was advised that there would be a twenty-minute wait. R. at 51. He decided to take a walk, left the clinic area, and proceeded to the first floor of building 1 where he began reading a bulletin board at the intersection of two corridors. Id. While appellant was squatting down to look more closely at an advertisement for an automobile, an unidentified patient in a motorized wheelchair rounded the corner, struck appellant in the lower torso, and knocked him to the ground. Id.; R. at 105, 107.

Appellant reported the incident to hospital personnel and received medical attention for lower back pain which commenced after he was struck by the wheelchair. A lumbar spine x-ray taken after the incident revealed degenerative joint disease, but no obvious fracture. R. at 51. The staff physician who examined appellant noted that appellant had no focal tenderness, and that his gait was normal. Id. After the wheelchair incident, appellant received outpatient treatment and physical therapy for continual low back pain. R. at 54.

On July 5, 1990, appellant filed a claim for benefits under 38 U.S.C.A. § 1151 on the ground that his non-service-connected back condition had been aggravated as a result of the February 2,1990, mishap. On July 27, 1990, the RO rendered a decision concluding that appellant did not suffer from any residuals from the February 1990 accident, and that appellant’s non-service-connected back disability did not increase as a result of “VA authorized hospitalization, medical or surgical treatment, vocational rehabilitation or examination.” R. at 56-57. Appellant filed a timely Notice of Disagreement, and the VA provided appellant with a Statement of the Case. In January 1991, appellant perfected his appeal to the Board, and requested a personal hearing. R. at 105. During his testimony, appellant reiterated the circumstances surrounding the accident, described the condition of his back prior to the accident as “pretty good,” and stated that his having been struck by the wheelchair aggravated his back condition to the extent that he had required follow-up clinical treatment and physical therapy. R. at 107-11. On March 1, 1991, an RO hearing officer determined that the appellant had not sustained additional disability as a result of the wheelchair incident and thus appellant was not entitled to compensation under 38 U.S.C.A. § 1151. In a decision issued three days later, the RO confirmed and continued the July 27, 1990, denial of appellant’s claim. R. at 115.

II. Analysis

Section 1151 of title 38, United States Code, provides in pertinent part:

Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation ... or as a result of having submitted to an examination ..., and not the result of such veteran’s own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter ... shall be awarded in the same manner as if such disability, aggravation, or death were service-connected_

(Emphasis added.)

As in all questions involving statutory interpretation, our analysis begins with an examination of the language of the statute itself. “If the statutory language is plain, and its meaning clear, no room exists for statutory construction. There is nothing to construe.” Gardner v. Derwinski, 1 Vet.App. 584, 587-88 (1991); 2A N. Singer, Sutherland on Statutory Construction § 46.01 (5th ed. 1992) (Suther[505]*505land’s). Nonetheless, “[determining a statute’s plain meaning requires examining [not only] the specific language at issue [but also] the overall structure of the statute [as well].” Gardner, 1 Vet.App. at 586. Therefore, “each part or section [of a statute] should be construed in connection with every other part or section so as to produce a harmonious whole.” Sutherland’s, § 46.05; see Talley v. Derwinski, 2 Vet.App. 282, 286 (1992). In the instant case, the language in question is the phrase “having submitted to.”

When the statutory phrase “having submitted to an examination” is “construed in connection with every other part or section so as to produce a harmonious whole,” we conclude that any injury or aggravation of an injury, in order to be compensable under § 1151, must have resulted from the examination itself, not from the process of reporting for the examination. The statute does not address disabilities that are merely coincidental with the receipt of VA treatment or which are a result of actions by the claimant, i.e., applying for or seeking hospitalization, treatment, or examination.

This construction of the statute is consistent with the legislative history. Originally, only those persons who suffered an injury or the aggravation of an existing injury as the result of “training, hospitalization, or medical or surgical treatment” by the VA were eligible to be compensated as though the injury or aggravation resulted from military service. World War Veterans’ Act, ch. 320, § 213, 43 Stat. 607, 623-24 (1924) [hereinafter the Act]. In 1925, § 213 of the Act was amended to include within its terms persons suffering an injury or aggravation of an existing injury as a result of “having submitted to [an] examination” ordered by the VA. Id., ch. 553, § 11, 43 Stat. 1302, 1308 (1925). Section 7701 of Regulation 167, Regulations and Procedure, United States Veterans’ Bureau, Part 1, reflects that in March 1927 compensation awards under § 213 of the Act were clarified further:

Sec. 7701. Disability compensation under section 213, World War [Veterans’ [A]ct, 1924, as amended, will be payable only when it is determined (1) that there is an additional disability, and (2) that such additional disability resulted from an injury or an aggravation of an existing injury suffered as the result of training, hospitalization, medical or surgical treatment, or examination.
(A) The determination that additional disability exists will be based upon a comparison of the beneficiary’s physical condition immediately prior to the injury on which the claim for compensation ...

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Bluebook (online)
5 Vet. App. 503, 1993 U.S. Vet. App. LEXIS 623, 1993 WL 429759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweitzer-v-brown-cavc-1993.