Link to original post
Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
JOHN R. CERNE, 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 self-represented appellant, John R. Cerne, appeals a
September 11, 2019, Board of Veterans’ Appeals (Board) decision that denied entitlement to
benefits for a low back disability; high cholesterol; hypothyroidism; and an acquired psychiatric
disorder, including bipolar disorder and depressive disorder; and denied entitlement to special monthly compensation (SMC) based on aid and attendance; special monthly pension (SMP);
specially adapted housing or special home adaptation; and a disability rating in excess of 20% for
type 2 diabetes mellitus (diabetes). Record (R.) at 5-24. The Board remanded a claim for benefits
for hypertension and a request for a total disability rating based on individual unemployability.
R. at 23-24. Those matters are not before the Court at this time. See Breeden v. Principi,
17 Vet.App. 475, 478 (2004) (per curiam order) (a Board remand “does not represent a final
decision over which this Court has jurisdiction”); Hampton v. Gober, 10 Vet.App. 481, 483 (1997)(claims remanded by the Board may not be reviewed by the Court).
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 that part
of the Board decision that denied entitlement to SMC and SMP and remand those
Read the full thread below
Single Judge Application; special monthly compensation (SMC) based on aid and attendance; special monthly pension (SMP); specially adapted housing under certain circumstances. 38 U.S.C. § 2101(a); 38 C.F.R. § 3.809(b) (2020);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-6540JOHN R. CERNE, 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 self-represented appellant, John R. Cerne, appeals aSeptember 11, 2019, Board of Veterans' Appeals (Board)...