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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
IKE D. COMPTON, 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, Ike D. Compton, through counsel, appeals a
February 22, 2018, Board of Veteran’s Appeals (Board) decision denying service connection for
right ear hearing loss. Record of Proceedings (R.) at 2-14. The appellant argued in his initial brief that (1) the May 2016 and August 2017 medical opinions are inadequate and the Board failed to fulfill its duty to assist the appellant when it relied on these reports; and (2) the Board erred in failing to provide an adequate statement of reasons or bases explaining why it rejected the appellant’s competent and credible statements about continuity of symptomatology for his right ear hearing loss. The Secretary disputed the appellant’s arguments. On January 23, 2020, the Court
issued a single-judge memorandum decision remanding the Board decision for readjudication.
On February 11, 2020, the appellant filed a motion for partial reconsideration, requesting
that the Court reconsider its remedy in light of Miller v. Wilkie, 32 Vet.App. 249 (2020), which
was issued a week before the memorandum decision. The motion for partial reconsideration is
hereby granted, and the January 23, 2020, memorandum decision is hereby withdrawn, and this
decision is issued in its stead. Single-judge disposition is appropriate. See Frankel v. Derwinski,
1 Vet.App. 23, 25-26 (1990).
The appellant served on active duty in the U.S. Army from February 1971
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Single Judge; In Miller, the Court held that "[w]hen the Board has made its decision without finding that the veteran is not competent to report symptoms and nothing suggests that the Board failed to review the evidence at issue, we may reasonably conclude that it implicitly found the veteran credible." Miller v. Wilkie, 32 Vet. App. at 261, 249 (2020). Miller further held that when a VA medical examiner fails to address the veteran's statements about medical history, and the Board does not address the credibility of those statements but does not find the veteran not credible or not competent to offer that lay evidence, "the proper remedy is to order a new examination." Id. at 262;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-2496IKE D. COMPTON, 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, Ike D. Compton, through counsel, appeals aFebruary 22, 2018, Board of Veteran's...