Veteranclaims’s Blog

February 17, 2021

Giles v. McDonough, No. 2020-1096(Decided: February 17, 2021); Fed.Cir.; service-connected chronic bipolar disorder with psychosis; Section 3.303(b) is constrained by the chronic diseases listed under § 3.309(a), and “[n]o condition other than one listed in § 3.309(a) will be considered chronic.” Walker v. Shinseki, 708 F.3d 1331, 1337 (Fed. Cir. 2013); how to interpret § 3.303(b), in connection with § 3.309(a), when the facts show two diseases both of which are a psychosis; § 3.309(a) defines “psychoses” as a category of diseases; hold that “psychoses” as listed in § 3.309(a) must be interpreted as a category of diseases as a legal matter;

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