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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
THOMAS R. FLANNERY, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before MEREDITH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
MEREDITH, Judge: The appellant, Thomas R. Flannery, through counsel appeals a
November 8, 2018, Board of Veterans’ Appeals (Board) decision that denied entitlement to
benefits for right arm ulnar neuropathy and carpal tunnel syndrome, and right arm scarring. Record
(R.) at 3-10. 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
The appellant served on active duty in the U.S. Army from May 1980 to May 1983. R. at
1684-87. His service entrance examination report reflects only a right elbow scar. R. at 1695. His
service medical records reveal that he was treated for warts under the right arm in October 1980
and June 1981. R. at 1721, 1726. Those records further reflect that, on May 22, 1982, he was
treated in the emergency room at Darnall Army Community Hospital with a “chief complaint” of
left foot pain after being “cut on steps.” R. at 1712. In September 1982, he complained of low
back pain, tenderness, and tightness, R. at 1730; the same day, his physical profile was updated to
reflect 20-minute limitations on “strenuous physical activity,” as
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Single Judge Application; separate request for in-patient records was required, pursuant to the Manual; Manual, Pt. III, subpt. iii, ch. 2, § B(4)(e) (stating that a separate request must be made for records of in-patient hospital treatment); see Overton v. Wilkie, 30 Vet.App. 257, 264 (2018) (stating that, even though the Manual is not binding on the Board, the Board is nevertheless "required to discuss any relevant provisions contained in the [Manual] as part of its duty to provide adequate reasons or bases");
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0687THOMAS R. FLANNERY, 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, Thomas R. Flannery, through counsel appeals aNovember 8, 2018, Board of Veterans' Appeals...