Middleton v. Shinseki, 743 F.3d 1356 (Feb. 3, 2014)
38 C.F.R. § 4.7, ENTITLEMENT TO HIGHER DISABILITY RATING
The Federal Circuit denied the appellant’s petition for panel and en banc rehearing of its opinion that held that where a veteran’s disability meets all the criteria of a lower disability rating, but only meets some of the criteria of a higher rating, the veteran is only entitled to the lower rating. This decision contains two strongly worded dissents.