Walsh v. Wilkie

Elizabeth Walsh (plaintiff) injured both knees while training in the US Army Reserves. Over the following years, Walsh was granted service connection for bilateral knee conditions, low-back disability, and arthritis in both hips. Walsh later also sought disability compensation for hypertension and sleep apnea. A Department of Veterans Affairs (VA) (defendant) examiner reported that both conditions were likely connected to Walsh’s obesity. The regional office (RO) denied the claims and Walsh appealed to the Board of Veterans’ Appeals (the board). On appeal to the board, Walsh reported that she was active and athletic prior to her injuries during service. The board remanded the claims to the RO instructing an examiner to consider whether Walsh’s obesity, as a cause of the sleep apnea and hypertension, might have been caused or aggravated by Walsh’s service-connected disabilities. Before the RO issued another decision on the claim, G.C. Precedent Opinion 1-2017 was issued, stating that obesity was not a disease or injury and could therefore not be the basis for a service-connected disability but that obesity could be an intermediate step between an existing service-connected disability and a current secondary service-connected disability. The RO then requested a report on Walsh’s claims from a new examiner in accordance with 1-2017. The examiner concluded that there was no clear-cut cause-effect relationship between Walsh’s disabilities (knee pain, back pain, and arthritis) and obesity. The RO and subsequently the board relied on this report in finding that Walsh’s obesity could not be attributed to Walsh’s service-connected disabilities and denied a service connection for hypertension and sleep apnea. Walsh appealed, and on appeal Walsh argued that the VA examiner, the RO, and the board had failed to consider whether Walsh’s obesity was aggravated by service-connected disabilities, as required by 1-2017.