38 C.F.R. § 4.9
Congenital or developmental defects
Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1991–2021 · leading case: Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012).
Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). “See also 38 C.F.R. § 4.9 ("[P]ersonality disorder and mental deficiency are not diseases or injuries in the meaning of the applicable legislation for disability compensation purposes.”
Winn v. Brown, 8 Vet. App. 510 (Vet. App. 1996). “In fact, rather than add personality disorder to the list of chronic diseases, the Secretary has seen fit to explicitly exclude congenital or developmental defects, such as personality disorder, as diseases, and hence any disability resulting therefrom cannot be service…”
Beno v. Principi, 3 Vet. App. 439 (Vet. App. 1992). “See 38 C.F.R. §§ 4.9 , 4.127 (1991). Therefore, as a matter of law there is no compensable rating disability.”
O'Bryan v. McDonald, 27 Vet. App. 1376 (Fed. Cir. 2014). “57 , and the “absent, displaced or supernumerary parts” mentioned in 38 C.F.R. § 4.9 . All of the latter are the kinds of congenital and stable conditions that are defects, not diseases.”
Browder v. Derwinski, 1 Vet. App. 204 (Vet. App. 1991). “” Accord 38 C.F.R. § 4.9 . The BVA decision in its “Discussion and Evaluation” section stated: “In addition, the astigmatism of his right eye, shown on discharge examination, is a developmental eye defect.”
Kinnaman v. Principi, 4 Vet. App. 20 (Vet. App. 1993). “at 118-19; see 38 C.F.R. § 4.9 (1991) (“[m]ere congenital or developmental defects, .”
14-24 340 (Board of Vet. App. 2016). “§§ 1110 , 1131, 5103, 5107 (West 2014); 38 C.F.R. §§ 4.9 , 3.102, 3.159, 3.303, 3.”
10-12 558 (Board of Vet. App. 2017). “303 (c); see also 38 C.F.R. § 4.9 ; see also, e.g., Winn v.”
17-10 317 (Board of Vet. App. 2017). “303 (c) (2016); see also 38 C.F.R. § 4.9 ; see also Winn v. Brown, 8 Vet.”
16-36 (Board of Vet. App. 2018). “are not diseases or injuries within the meaning of applicable legislation"); see also 38 C.F.R. § 4.9 (2017) ("personality disorder and mental deficiency are not diseases or injuries in the meaning of the applicable legislation for disability compensation purposes.”
181129-1370 (Board of Vet. App. 2019). “303 (c) (see also 38 C.F.R. §§ 4.9 , 4.127) in the absence of superimposed disease or injury during service.”
190122-1877 (Board of Vet. App. 2020). “303 (c); see also 38 C.F.R. § 4.9 ; Winn v. Brown, 8 Vet. App.”
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