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

QUESTIONS PRESENTED 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.FR. § 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? li RELATED CASES The following proceedings are directly related to this case within the meaning of Rule 14.1(b)(iii): ¢ Coleman v. Wilson, 2022 U.S. Dist. LEXIS 58806, 2022 WL 966857 (W.D.N.C. Mar. 30, 2022). ¢ Coleman v. Kendall, 74 F.4th 610 (2023) Gudgment entered July 26, 2022; petition for rehearing en banc denied September 22, 2023).