The U.S. Court of Appeals for Veterans Claims recently issued a decision in Adams v. Collins, holding that obesity may qualify as a disability under 38 U.S.C. § 1110 if it results in a functional impairment of earning capacity. This marks a significant change from VA’s longstanding position of excluding obesity from being considered a disease or disability for compensation purposes. VA has long interpreted section 1110 to mean that obesity, even when related to service or a service-connected condition, could not be the subject of direct or secondary service connection.
In Adams, the Court rejected VA’s rigid interpretation. It emphasized that the statutory term “disability” is not limited by diagnostic labels or the common understanding of disease but instead turns on whether a condition causes functional impairment in earning capacity. Relying on established precedent, including the Federal Circuit’s decision in Saunders v. Wilkie, the Court explained that a condition need not be labeled a “disease” to qualify as a disability under § 1110, so long as it causes impairment in earning capacity, it may be compensable. Accordingly, the Court found that VA’s conclusion that obesity could never be a disability was inconsistent with the statutory scheme and improperly foreclosed veterans from establishing entitlement in cases where obesity results in vocational impairment that impacts earning capacity.
The Court made clear that this holding does not mean all cases of obesity will automatically be compensable. Rather, each claim must still meet the traditional elements of service connection: a current condition, an in-service incurrence or secondary causation, and a nexus between the two. Most critically, a claimant must show that the obesity results in functional limitations that impact earning capacity. The Court underscored that obesity, like any other condition, must be evaluated based on its individual impact, not dismissed outright due to a categorical exclusion.
This decision is a meaningful victory for veterans who have experienced functional impairments due to obesity, particularly where the condition is linked to other service-connected disabilities like PTSD, and musculoskeletal or metabolic conditions. It also aligns with the broader principles of veterans law, which emphasize a liberal and holistic approach to evaluating disability claims. In practical terms, Adams might reopen the door for previously denied obesity-related claims and may compel VA to revisit or revise its adjudicatory guidance in light of the Court’s findings.
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