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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
JEFFREY K. STANNARD, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENBERG, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
GREENBERG, Judge: U.S. Navy veteran Jeffrey K. Stannard appeals through counsel that part of an August 17, 2018, Board of Veterans’ Appeals decision denying (1) an initial disability rating greater than 10% for degenerative joint disease of the lumbar spine, (2) an initial disability rating greater than 10% for left lower extremity radiculopathy, (3) an initial disability rating greater than 10% for right lower extremity radiculopathy, and (4) entitlement to special monthly compensation (SMC) for aid and attendance.1 Record (R.) at 4-26. The appellant argues that the Board erred by (1) relying on inadequate examinations for the appellants lumbar spine and left and right lower extremity radiculopathy conditions, (2) failing to ensure substantial compliance with a prior remand, and (3) failing to provide an adequate statement of reasons or bases for its reliance on the inadequate examinations and its determination that the appellant’s radiculopathy was “wholly sensory”; the appellant also argues that the matter of SMC is inextricably intertwined with the matters of the appellant’s lumbar spine and left and right radiculopathy. Appellant’s Brief at 1-
1 The Board also denied service connection for a bilateral eye disability, a bilateral ear disability, and an initial disability rating higher than 30% for diverticulitis and lymphocytic colitis with constipation. The appellant does not challenge
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Single Judge Application; in evaluating the severity of a disability, it is legal error for the Board to consider effects of medication on a disability when those effects were not explicitly contemplated by the rating criteria. See Jones v. Shinseki, 26 Vet.App. 56, 62 (2012). Further, "the Secretary has demonstrated in other DCs that he is aware of how to include the effect of a medication as a factor to be considered when rating a particular disability." Id.;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-7017JEFFREY K. STANNARD, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before GREENBERG, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.GREENBERG, Judge: U.S. Navy veteran Jeffrey K.