Donita Estep v. Virginia Retirement System ( 2013 )

COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Alston and Senior Judge Willis UNPUBLISHED DONITA ESTEP MEMORANDUM OPINION * v. Record No. 1156-12-3 PER CURIAM JANUARY 22, 2013 VIRGINIA RETIREMENT SYSTEM FROM THE CIRCUIT COURT OF BUCHANAN COUNTY Henry A. Vanover, Judge (Jason A. Mullins; Lee & Phipps, P.C., on brief), for appellant. (Kenneth T. Cuccinelli, II, Attorney General; Brian J. Goodman, Legal Affairs & Compliance Coordinator, on brief), for appellee. Donita Estep appeals a decision of the Circuit Court of Buchanan County affirming the final case decision of the Virginia Retirement System (VRS) denying her claim for disability retirement benefits. On appeal, Estep contends the circuit court erred in: (1) finding substantial evidence existed in the record to support VRS’s denial of her disability benefits; (2) failing to address VRS’s violation of its own policy in that it allowed the Medical Board to delegate its responsibilities to an out-of-state corporation; (3) allowing the independent fact finder to use the Medical Board’s opinion as evidence; and (4) failing to find VRS failed to adequately inform Estep as to why her claim was denied. We have reviewed the record, VRS’s final case decision, and the final decision of the circuit court, and find no reversible error. Accordingly, we affirm for the reasons fully set forth by the circuit court in its final opinion letter. See Estep v. Virginia Retirement System, Case No. 343-10 (Feb. 13, 2012). We dispense with oral argument and summarily affirm because the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed. -2-