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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
PATRICK D. ST. JOHN, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before MOORMAN, Senior Judge.1
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
MOORMAN, Senior Judge: The appellant, Patrick St. John, appeals, through counsel, a February 26, 2019, Board of Veterans’ Appeals (Board) decision that denied service connection for bilateral hearing loss. Record (R.) at 5-13. 2 This appeal is timely, and the Court has jurisdiction to review the Board’s decision pursuant to 38 U.S.C. § 7252(a). Single-judge disposition is appropriate. See Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). The appellant submitted a brief and reply brief, and the Secretary submitted a brief. For the following reasons, the Court will vacate the Board’s February 2019 decision and remand the matter for further proceedings consistent with this decision.
1 Judge Moorman is a Senior Judge acting in recall status. In re Recall of Retired Judge, U.S. VET. APP. MISC. ORDER 02-20 (Jan. 2, 2020).
2 In the same decision, the Board reopened the claim for hearing loss. R. at 8. The Board’s finding that new and material evidence had been submitted to reopen the claim for hearing loss is a favorable finding that the Court may not disturb. See Medrano v. Nicholson, 21 Vet.App. 165, 170 (2007), aff’d in part and dismissed in part sub nom. Medrano v. Shinseki, 332 F. App’x 625 (Fed. Cir. 2009).
Mr. St. John served on active duty in
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Single Judge Application; hearing loss; "an examination is inadequate if the medical professional fails to consider the veteran's own lay reports of symptoms." Miller v. Wilkie, 32 Vet.App. 249, 257 (2020); failure to discuss prior medical history and examinations renders the examination inadequate. Stefl, 21 Vet.App. at 123;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-3997PATRICK D. ST. JOHN, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before MOORMAN, Senior Judge.1MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.MOORMAN, Senior Judge: The appellant, Patrick St.