Link to original post
Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
EDDIE A. JAMES, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before BARTLEY, Chief Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
BARTLEY, Chief Judge: Veteran Eddie A. James appeals through counsel a September
19, 2018, Board of Veterans’ Appeals (Board) decision denying entitlement to a disability
evaluation in excess of 10% for a service-connected back disability prior to May 5, 2018, and in
excess of 20% thereafter; and an evaluation in excess of 10% for left lower extremity radiculopathy
prior to May 5, 2018, and in excess of 20% thereafter. 1 Record (R.) at 4-14. The Board also
awarded a separate 10% evaluation for right lower extremity radiculopathy, effective May 5,
2018.2 Id. For the reasons set forth below, the Court will set aside the September 2018 Board
decision and remand the matters for further development, if necessary, and readjudication
consistent with this decision.3
1 To the extent that these determinations are favorable to the veteran, the Court will not disturb them. See
Medrano v. Nicholson, 21 Vet.App. 165, 170 (2007) (“The Court is not permitted to reverse findings of fact favorable
to a claimant made by the Board pursuant to its statutory authority.”).
2 To be clear, although the Board determined that a 10% evaluation, but no higher, was warranted, Mr. James
challenges only the effective date of the Board’s award of a separate evaluation for right lower extremity radiculopathy;
he does not challenge the Board’s finding that a higher evaluation was
Read the full thread below
Single Judge Application; Swain v. McDonald, 27 Vet.App. 6 219, 225 (2015); effective date for a disability evaluation may be earlier than the date of the medical report on which that disability rating is based; "[T]he effective date for an increased rating, indeed, as well as for an initial rating or for staged ratings, is predicated on when the increase in the level of [disability] can be ascertained."; Court rejected the mechanical assignment of an effective date based on a date of examination. Id. at 224 (citing DeLisio v. Shinseki, 25 Vet.App. 45, 58 (2011) ("[A]ll facts should be examined to determine the date that [the veteran's disability] first manifested."));
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0020EDDIE A. JAMES, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before BARTLEY, Chief Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. BARTLEY, Chief Judge: Veteran Eddie A.