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Stewart v. Wilkie

30 Vet. App. 383 (2018)

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Stewart v. Wilkie

United States Court of Appeals for the Federal Circuit
30 Vet. App. 383 (2018)

SH

Facts

Eric J. Stewart (plaintiff) served in the US Army, and while in Iraq, Steward was exposed to sand, dust, and smoke from burning garbage. After discharge, Stewart was diagnosed with asthma. Stewart filed a disability-compensation claim for a medically unexplained chronic multisymptom illness (MUCMI). A pulmonary-function test showed that Stewart had obstructive and restrictive pulmonary disease. Based on the prior diagnosis of asthma, the Department of Veterans Affairs (VA) (defendant) examiner issued an opinion that Stewart did not have obstructive and restrictive pulmonary disease and that his test results and symptoms were all from his asthma. The Board of Veterans’ Appeals (the board) found that asthma was not a MUCMI and denied Stewart’s claim based on the reasoning that the etiology of asthma was partially understood, so it could not be a MUCMI. Stewart appealed.

Rule of Law

Issue

Holding and Reasoning (Pietsch, J.)

Concurrence/Dissent (Schoelen, J.)

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