The United States Court of Appeals for the Fourth Circuit held that a veteran who was constructively and retroactively placed on the Temporary Disability Retired List ("TDRL") at a 50% disability rating was not entitled to a medical examination prior to removal from the TDRL and medical separation at a 10% disability rating. The court also found that the decision of the Physical Disability Board of Review ("PDBR") to separate the veteran at a 10% disability rating was not arbitrary and capricious.

Does 10 U.S.C. § 1210 or 38 C.F.R. § 4.129 require a medical examination prior to removal from the TDRL or the reduction of a disability rating? If not, was the PDBR's determination of a 10% disability rating arbitrary and capricious?

Whether a veteran is entitled to a medical examination prior to removal from the Temporary Disability Retired List and reduction of disability rating