The new ruling, among several precedent opinions set to be included, reinforces the VA's long-standing opinion that obesity isn't a disease or injury according to the law for wartime or peacetime compensation and can't be considered directly related to military service for compensation purposes.
While the VA treats obesity as a disease for which treatment is warranted, the distinction is in the words "service-connected." The VA simply does not see it as a condition that was a result of military service, and therefore for which compensation is payable.
But the determination could be a good thing, at least for the current force. We all have heard of people getting kicked out of the military for being overweight. This ruling by the VA means that obesity can't be considered willful misconduct when making line-of-duty determinations for other disabilities.
And blocking it as a service-connected disability doesn't mean that it isn't what's known as an "extra-schedular rating," or a rating that can be tagged onto an existing disability, the General Counsel has ruled.
For example, you may be rated 40% because of Agent Orange related diabetes but the diabetes may cause obesity so you may be able to get an extra-schedular rating and increase your disability to 50%.
Also, obesity may be so bad that it has life-altering consequences. That may be considered when determining an overall rating if there are other qualifying disabilities. It may be considered an "intermediate step" between a non-service-connected and service-connected disability when considered with other disabilities.
In their ruling, the lawyers said that since obesity "occurs over time and is based on various external and internal factors, as opposed to being a discrete incident or occurrence, or a series of discrete incidents or occurrences," the condition may be reversed by treatment before it becomes disabling.
So while obesity can, and should, be considered a disease since it is a treatable condition that results in other, more serious health conditions, it shouldn't be considered a disease when you are trying to blame it on your military service.
Iran's Foreign Minister Mohammad Javad Zarif sits for an interview with Reuters in New York, New York, U.S. April 24, 2019. (Reuters/Carlo Allegri)
NEW YORK (Reuters) - Iranian Foreign Minister Mohammad Javad Zarif does not believe U.S. President Donald Trump wants war with Iran, but he told Reuters on Wednesday that Trump could be lured into a conflict.
"I don't think he wants war," Zarif said in an interview at the Iranian mission to the United Nations in New York. "But that doesn't exclude him being basically lured into one."
The White House did not immediately respond to a request for comment on Zarif's remarks.
Ben Affleck is gearing up to direct and star in Ghost Army, a new World War II movie about a secret U.S. Army unit made up of artists, actors, advertising agents, and engineers who had one mission: to dupe Hitler.