Court of Appeals for the Federal Circuit May 13, 2004, 03-5040 (Frederick S. McHenry v. United States)

DYK, Circuit Judge.

Appellant, Major Frederick S. McHenry (“McHenry”), appeals the decision of the Court of Federal Claims granting the government’s motion for judgment upon the administrative record and upholding the 30% disability rating assigned to McHenry by the Navy’s Physical Evaluation Board (“PEB”), based upon his level of impairment as a result of HIV infection, which is a precursor to