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For Veterans Who've Had It With The VA

Single Judge Application; Although there is no requirement that a medical opinion discuss all the evidence favorable to a claimant, the Board, in relying on an opinion that does not do so, must discuss any additional favorable evidence to comply with its duty to provide an adequate statement of reasons or bases for its decision. See Gabrielson v. Brown, 7 Vet.App. 36, 40 (1994); Dennis v. Nicholson, 21 Vet.App. 18, 22 (2007) (“The Court has 5 long held that merely listing the evidence before stating a conclusion does not constitute an adequate statement of reasons or bases.”);

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Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-4137
PAUL RUSHING, APPELLANT,
V.
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before MEREDITH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
MEREDITH, Judge: The appellant, Paul Rushing, through counsel appeals a June 12,
2019, Board of Veterans’ Appeals (Board) decision that denied entitlement to benefits for bilateral
hip disabilities. Record (R.) at 4-14. 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. See Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). For the following reasons,
the Court will vacate the Board’s decision and remand the matter for further proceedings consistent
with this decision.
I. BACKGROUND
The appellant served on active duty in the U.S. Army from October 1982 to October 1985.
R. at 2766. His service medical records reveal that, in June 1983, he complained of pain in his
knees with associated pain in his hips, back, neck, shoulders, wrists, and elbows. R. at 3400. He
reported the pain began six months earlier; the diagnosis was a possible strain, and he was treated
with acetaminophen. Id. On the report of medical history that he completed at separation, the
appellant indicated the presence of “[s]wollen or painful joints.” R. at 1090. He further stated that
he was in good health, with the exception of a “bad knee.” Id.
2
Shortly after his discharge, the appellant filed a claim for benefits for arthritis of both hips.
R. at 3467-69. In January 1986, a VA examiner noted

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Single Judge Application; Although there is no requirement that a medical opinion discuss all the evidence favorable to a claimant, the Board, in relying on an opinion that does not do so, must discuss any additional favorable evidence to comply with its duty to provide an adequate statement of reasons or bases for its decision. See Gabrielson v. Brown, 7 Vet.App. 36, 40 (1994); Dennis v. Nicholson, 21 Vet.App. 18, 22 (2007) ("The Court has 5 long held that merely listing the evidence before stating a conclusion does not constitute an adequate statement of reasons or bases.");

Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-4137PAUL RUSHING, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before MEREDITH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.MEREDITH, Judge: The appellant, Paul Rushing, through counsel appeals a June 12,2019, Board of Veterans' Appeals (Board) decision...