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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
PAUL G. WAIT, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued June 23, 2020 Decided August 26, 2020)
Alyse E. Galoski, with whom Amanda Leonard was on the brief, both of Providence, Rhode Island, for the appellant.
Sarah W. Fusina, Deputy Chief Counsel, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Selket N. Cottle, Deputy Chief Counsel; and Safiya L. Dixon, Appellate Attorney, all of Washington, D.C., were on the brief for the appellee.
Before ALLEN, MEREDITH, and FALVEY, Judges.
MEREDITH, Judge, filed the opinion of the Court. ALLEN, Judge, filed an opinion concurring in part and dissenting in part.
MEREDITH, Judge: The appellant, Paul G. Wait, through counsel appeals a July 19, 2018, Board of Veterans’ Appeals (Board) decision that denied entitlement to disability compensation
for low back, right hip, and left knee disabilities. Record (R.) at 3-14. The appellant does not raise any argument concerning the Board’s denial of disability compensation for low back and left knee
disabilities.1 Therefore, the Court finds that he has abandoned his appeal of these issues and will dismiss the appeal as to the abandoned issues. See Pederson v. McDonald, 27 Vet.App. 276, 285
(2015) (en banc). 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). Following a single-judge memorandum
decision that affirmed the Board’s decision, the appellant filed a timely motion for panel decision pursuant to Rule
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Wait v. Wilkie, No. 18-4349 (Argued June 23, 2020 Decided August 26, 2020); Saunders, held that "pain in the absence of a presently-diagnosed condition can cause functional impairment," which may qualify as a "disability" under section 1110. 886 F.3d at 1368 (overruling Sanchez-Benitez v. West, 13 Vet.App. 282, 285 (1999); We do not hold that a veteran could demonstrate service connection simply by asserting subjective pain-to establish a disability, the veteran's pain must amount to a functional impairment. To establish the presence of a disability, a veteran will need to show that [his or] her pain reaches the level of a functional impairment of earning capacity;
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-4349PAUL G. WAIT, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans' Appeals(Argued June 23, 2020 Decided August 26, 2020)Alyse E. Galoski, with whom Amanda Leonard was on the brief, both of Providence, Rhode Island, for the appellant.Sarah W.