Central Administrative Appeals Commission Annuls Incorrect Veterans Disability Rating Decision

Applying Criteria for Leg and Toe Disabilities to Wrist Injury

"Legal Standards Must Match the Actual Body Part Injured"

An administrative adjudication has ruled that the decision by the veterans affairs authorities to apply the disability rating criteria for legs and toes, instead of the wrist, to a service-related injury veteran who injured his wrist during military service—and to thus deny him a disability rating for failing to meet the standards—was unlawful.

The Central Administrative Appeals Commission of the Anti-Corruption and Civil Rights Commission announced on July 23 that it had canceled the regional veterans office's decision, which was based on incorrectly applying the disability criteria to a wrist injury and determining that it did not meet the minimum requirements for a rating. Disability ratings are a system that categorizes soldiers, police officers, firefighters, and others who are wounded or contract diseases in the line of duty, from Grade 1 to Grade 7, based on the degree of interference with daily activities and according to the standards for each body part.

Government Complex Sejong, Anti-Corruption and Civil Rights Commission. Photo by Hyunmin Kim

Mr. A suffered a triangular fibrocartilage complex (TFCC) injury to his left wrist during military service and underwent reconstructive surgery. He then applied for a reexamination to register as a service-related injury veteran. Hospital B, which performed the examination, determined that Mr. A had mild functional impairment in his wrist joint and assessed him as Grade 7—the lowest disability grade applicable to arm and finger injuries.

However, the Veterans Review Board, which was responsible for the final review, applied the criteria for leg and toe disabilities to the wrist injury and, citing reasons such as limited range of motion and joint instability, determined that Mr. A did not meet the requirements for a disability rating. Based on this, the regional veterans office notified Mr. A that he did not qualify as a service-related injury veteran.

The Central Administrative Appeals Commission found the actions of the veterans affairs authorities to be unlawful. The commission cited several grounds: the fact that the Veterans Hospital specialist recognized restricted range of motion and functional impairment in the wrist and appropriately applied the arm and finger disability standards; the Veterans Review Board's decision to incorrectly apply the standards for leg and toe disabilities to a wrist injury; and the principle that even if the Veterans Review Board has final decision-making authority on disability grades, it must, in each case, apply the legally mandated standards suitable for the actual injury.

Cho Soyoung, Chairperson of the Central Administrative Appeals Commission, stated, "Disability ratings are directly linked to the rights of national merit recipients. The deliberation must be carried out by strictly applying the standards prescribed by law for each relevant body part and injury."

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