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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
ANITA I. CAVNER, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before PIETSCH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
PIETSCH, Judge: The pro se appellant, Anita I. Cavner, appeals a March 20, 2019, Board
of Veterans’ Appeals (Board) decision in which the Board denied her entitlement to a disability
rating greater than 30% for a disorder suffered by her husband, Jack E. Cavner, Jr., that the Agency
labeled “status post right radical nephrectomy for renal cell carcinoma with left nephropathy and
hypertension.” R. at 5-10. This appeal is timely and the Court has jurisdiction over the matter on
appeal pursuant to 38 U.S.C. §§ 7252(a) and 7266. Single-judge disposition is appropriate when
the issues are of “relative simplicity” and “the outcome is not reasonably debatable.” Frankel v.
Derwinski, 1 Vet.App. 23, 25-26 (1990). For the reasons that follow, the Court will vacate the
Board’s decision and remand the matter on appeal for further proceedings consistent with this
Mr. Cavner served on active duty in the U.S. Air Force from November 1968 until
November 1972. R. at 1134. In September 2014, the Board granted him entitlement to disability
benefits for “status post right radical nephrectomy for renal cell carcinoma.” R. at 1196-1200.
Mr. Cavner died on November 1, 2014. R. at 378. His physicians concluded that
ventricular fibrillation and a sudden cardiac event caused his death. R. at 377. In April 2015, VA
determined that the appellant was eligible to be named substitute appellant.
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Single Judge; 38 C.F.R. § 3.1010(f)(2) (2020) a substitute may raise new theories of entitlement in support of the claim; 38 C.F.R. § 3.1010(f)(3) a "substitute has the same rights regarding hearings, representation, appeals, and the submission of evidence as would have applied to the claimant had the claimant not died;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-4523ANITA I. CAVNER, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before PIETSCH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.PIETSCH, Judge: The pro se appellant, Anita I.