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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
LUIS A. MARTINEZ-BODON, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued July 7, 2020 Decided August 11, 2020)
Christian A. McTarnaghan, with whom Tessa S. Stillings was on the brief, both of
Providence, Rhode Island, for the appellant.
Lori M. Jemison, with whom William A. Hudson, Jr., Acting General Counsel; Mary Ann
Flynn, Chief Counsel; and Carolyn F. Washington, Deputy Chief Counsel, all of Washington, D.C., were on the brief for the appellee.
Before BARTLEY, Chief Judge, and ALLEN and FALVEY, Judges.
ALLEN, Judge: Appellant Luis A. Martinez-Bodon served the Nation honorably in the
United States Army from August 1967 to March 1969.1 In this appeal, which is timely and over which, except to the extent we discuss below, the Court has jurisdiction,2 he challenges a June 29, 2018, decision of the Board of Veterans’ Appeals that denied service connection for an anxiety disorder.3 This matter was submitted to a panel of the Court to address whether, pursuant to the Federal Circuit’s decision in Saunders v. Wilkie,4 a claimant may establish service connection for a psychiatric disability based on symptoms and functional impairment but without a diagnosis that conforms to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).
1 Record (R.) at 474.
2 See 38 U.S.C. §§ 7252(a), 7266(a).
3 The Board also denied service connection for right ear hearing loss and a compensable disability rating for left ear
hearing loss. Appellant raises no argument as to these claims on appeal, and
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Martinez-Bodon v. Wilkie, No. 18-3721(Argued July 7, 2020 Decided August 11, 2020); Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018); psychiatric disability without a diagnosis that conforms to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5); with respect to psychiatric disabilities VA has expressly limited compensation to disabilities conforming to a DSM diagnosis. We also hold that this Court lacks jurisdiction to review the Secretary's decision to require such a diagnosis as set out in the schedule of ratings;
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-3721LUIS A. MARTINEZ-BODON, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans' Appeals(Argued July 7, 2020 Decided August 11, 2020)Christian A. McTarnaghan, with whom Tessa S. Stillings was on the brief, both ofProvidence, Rhode Island, for the appellant.Lori M.