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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
ROBERT E. LUNDQUEST, 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 Robert E. Lundquest appeals through counsel a
December 28, 2018, Board of Veterans’ Appeals (Board) decision denying service connection for
osteoporosis of the bilateral lower extremities and type II diabetes mellitus (DM). Record (R.) at
5-13. For the reasons set forth below, the Court will set aside the December 2018 Board decision
and remand the matters for further development and readjudication consistent with this decision.
Mr. Lundquest served honorably on active duty in the U.S. Air Force as an instrument
repairman from May 1955 to September 1958. R. at 1148. One month before separation, he was
diagnosed with chronic eczematoid dermatitis. R. at 2716. VA granted service connection for that
disability in January 1959. R. at 2685-86.
In July 1999, Mr. Lundquest sought treatment through VA for diabetic pain, reporting
“increasing depression with difficulty staying asleep[,] anhedonia[,] and eating more.” R. at 2202.
In May 2000, during a VA mental health appointment, Mr. Lundquest reported a 9-pound weight
gain that he attributed to inactivity; he also reported that his anxiety had been “high” and depression
was “worse.” R. at 1007. By October 2000, during a VA mental health appointment, Mr. Lundquest
expressed that he had “impulsive behaviors as usually in the form of eating too much and what he
is not supposed to.” R. at 2216.
In October 2004, Mr. Lundquest requested
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Single Judge Application; Walsh v. Wilkie, Vet.App., 2020 WL 878798 (Feb. 24, 2020) at *5 (holding that G.C. Prec. 1-2017 requires the Board to consider aggravation in the context of these claims when the theory is explicitly raised by the veteran or reasonably raised by the record); VA General Counsel (VAGC) precedent opinion determined that "[o]besity may be an 'intermediate step' between a service-connected disability and a current disability that may be service connected on a secondary basis under 38 C.F.R. § 3.310(a)," VA Gen. Coun. Prec. 1-2017 (Jan. 6, 2017), at 2, ¶ 5;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1043ROBERT E. LUNDQUEST, 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 Robert E. Lundquest appeals through counsel aDecember 28, 2018, Board of Veterans'...