State v. Kaauwai

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that evaluation of musculoskeletal disabilities rated on the basis of limitation of motion requires consideration of functional loss due to pain
• holding that the criteria discussed in sections 4.40 and 4.45 are not subsumed by the DCs applicable to the affected joint
• holding that the provisions of 4.40 and 4.45 are not subsumed by the DC's applicable to the affected joint
• holding that the criteria discussed in sections 4.40 and 4.45 are not subsumed by the Diagnostic Codes applicable to the affected joint
• holding that VA interpretation of regulation conflicting with plain meaning not entitled to deference
• rejecting Board’s reliance on examination that “merely recorded the veteran’s range of motion” without addressing functional loss due to pain upon motion

Source: CourtListener parenthetical corpus (CC0).