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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
LARRY D. SHUTTLESWORTH, 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: The appellant, Larry D. Shuttlesworth, appeals through counsel from
that part of a November 14, 2018, Board of Veterans’ Appeals (Board) decision that denied an initial disability rating higher than 10% for right lower extremity radiculopathy.1 The appeal is timely and the Court has jurisdiction over this matter pursuant to 38 U.S.C. §§ 7252(a) and 7266.
Single-judge disposition is appropriate when the issues are of “relative simplicity” and “the outcome is not reasonably debatable.” Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). For the following reasons, the Court will vacate the Board’s November 2018 decision that denied a higher disability rating for right extremity radiculopathy and remand the matter for adjudication consistent with this decision.
1 The Board denied a disability rating higher than 50% for Mr. Shuttlesworth’s service-connected lumbar
spine disability; a disability rating higher than 30% for a service-connected psychiatric disability; and an effective
date earlier than July 29, 2010, for total disability based on individual unemployability. In his brief, Mr. Shuttlesworth
states that he is only appealing the issue of right lower extremity radiculopathy. See Appellant’s Brief at 2. Based on
his statement and because he does not allege error with respect to the Board’s decision addressing his lumbar spine,
psychiatric disability, or TDIU, any appeal of these matters is abandoned. See Pederson
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Single Judge Application; radiculopathy; Board is required to discuss relevant provisions from the VA's Adjudications Procedures Manual (M21-1), see Overton v. Shinseki, 30 Vet.App. 257, 264 (2018), despite not being bound by the manual, see Gray v. Shinseki, 875 F.3d 1102, 1108 (Fed. Cir. 2017); M21-1 contains general guidelines for distinguishing between "mild," "moderate," "moderately severe," and "severe" levels of incomplete paralysis; M21-1, pt. III, subpt. iv, ch. 4, § N.4.c (June 2018);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1734LARRY D. SHUTTLESWORTH, 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: The appellant, Larry D.