Billy D. McCarroll v. Robert A. McDonald

I agree with the result reached in today’s decision. The Board’s analysis and application of diagnostic code (DC) 7101 was proper, and the Board decision on appeal should be affirmed. I write separately, however, because Mr. McCarroll’s argument that Jones v. Shinseki requires remand on the facts in his case illustrates that the Jones holding—i.e., that “the Board may not deny entitlement to a higher rating on the basis of relief provided by medication when those effects are not specifically contemplated by the rating criteria,” Jones v. Shinseki, 26 Vet.App. 56, 63 (2012)—is erroneous and…