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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-0601
DAVID DEWETH, APPELLANT,
V.
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENE, Senior Judge.1
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
GREENE, Senior Judge: The appellant, David Deweth, appeals through counsel an
October 3, 2018, Board of Veterans’ Appeals (Board) decision that denied a rating higher than
20% for radiculopathy of the left lower extremity and a rating higher than 20% for post-operative
residuals of L5-S1 microdiscetomy with chronic pain syndrome before June 22, 2015, and higher
than 40% thereafter. The Board also denied a rating of total disability based on individual
unemployability for these (and other) service-connected disabilities (TDIU). 2 Record of
Proceedings (R.) at 4-28. Single-judge disposition is appropriate. See Frankel v. Derwinski,
1 Vet.App. 23, 25-26 (1990).
On April 22, 2020, Mr. Deweth filed an opposed motion for oral argument. Because the
Court finds that oral argument will not “materially assist in the disposition of this appeal,” Hackett
1 Judge Greene is a Senior Judge acting in recall status. In re: Recall of Retired Judge, U.S. VET. APP. MISC.
ORDER 01-20 (Jan. 2, 2020).
2 Additionally, the Board denied a rating higher than 10% for radiculopathy of the right lower extremity, a
rating higher than 50% for migraine headaches, and a rating higher than 70% for post-traumatic stress disorder
(PTSD). Mr. Deweth does not challenge these portions of the Board decision. Any appeal as to these matters is,
therefore, dismissed. See Pederson v. McDonald, 27 Vet.App. 276, 285 (2015) (en banc) (holding that, where an
appellant
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Single Judge Application; due process under 38 C.F.R. § 19.37(b) and 38 C.F.R. § 20.1304(c); Ray v. Wilkie, 31 Vet.App. 58, 73 (2019); Van Hoose v. Brown, 4 Vet.App. 361, 363 (1993);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0601DAVID DEWETH, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before GREENE, Senior Judge.1MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.GREENE, Senior Judge: The appellant, David Deweth, appeals through counsel anOctober 3, 2018, Board of Veterans' Appeals...
