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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
THOMAS S. KAYSER, 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: Thomas S. Kayser appeals through counsel a December 12, 2017, Board
of Veterans’ Appeals (Board) decision that denied entitlement to VA benefits for acromegaly with
osteoarthritis of the body, as well as bilateral hip and shoulder disabilities as secondary to
acromegaly. This appeal is timely, and the Court has jurisdiction to review the Board’s decision
pursuant to 38 U.S.C. §§ 7252(a) and 7266(a). Single-judge disposition is appropriate as the issue
is 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
December 12, 2017, decision and remand that matter for readjudication consistent with this
Mr. Kayser served on active duty in the U.S. Army from September 1965 to July 1967,
including service in Vietnam. Record (R.) at 1698. His August 1965 entrance examination reflects
that his clinical evaluation was normal. R. at 1889-90. His separation examination again reflects a
normal clinical evaluation. R. at 1883.
Mr. Kayser was diagnosed with acromegaly in 1987.1 R. at 1863. In May 2009, his treating
physician stated that he began developing facial features associated with acromegaly in 1963,
which progressed until 1970. Id. The physician noted that Mr. Kayser was 5’9″ tall and weighed
130 pounds in 1961 at age 18, and was 6’2.5″ tall and weighed 170 pounds
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Single Judge Application; 38 U.S.C. § 1153; Wagner, 370 F.3d at 1096; not objective evidence but clear and unmistakable evidence, either that the condition did not increase in disability during service or that any increase was due to the natural progress of the disease or injury. See 38 U.S.C. § 1153; see Wagner, 370 F.3d at 1096;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNO. 18-4105THOMAS S. KAYSER, 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: Thomas S. Kayser appeals through counsel a December 12, 2017, Boardof Veterans' Appeals (Board) decision...