FedCir. Application; 38 C.F.R. §§ 4.114, DC 7203 and 4.7; 38 C.F.R. § 4.114, Diagnostic Code (“DC”) 7203 which prescribes ratings for esophageal strictures; achalasia; Without any regulatory definition of “[m]oderate,” it is impossible to determine under 38 C.F.R. § 4.7 whether Mr. Roby’s disability status “more nearly approximates the criteria required” for the 50% than the 30% rating of DC 7203; On finding interpretive doubt in DC 7203’s use of the term “liquids” and the impact of that term on Mr. Roby’s rating under § 4.7, Kisor II and Kisor IV require the Veterans Court to consider the pro-veteran canon before resolving the questions before it; once it is clear interpretive doubt remains the pro-veteran canon of construction must be considered; Brown v. Gardner, 513 U.S. 1301 (1994). Id. at 100–101; Skidmore deference;

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit

HAROLD L. ROBY, JR., Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

2020-1088

Appeal from the United States Court of Appeals for Veterans Claims in No. 17-528, Chief Judge Margaret C. Bartley, Judge Amanda L. Meredith, Senior Judge Mary J. Schoelen.
__________ Decided: August 4, 2021 __________
CHARLES COLLINS-CHASE, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for claimant-appellant. Also represented by KENNETH SANTO GUERRA, JENNIFER VEIN. ASHLEY AKERS, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing-ton, DC, for respondent-appellee. Also represented by Case: 20-1088 Document: 48 Page: 1 Filed: 08/04/2021
2 ROBY v. MCDONOUGH
CLAUDIA BURKE, JEFFREY B. CLARK, ROBERT EDWARD KIRSCHMAN, JR.; JONATHAN KRISCH, Y. KEN LEE, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before O’MALLEY, REYNA, and HUGHES, Circuit Judges.
O’MALLEY, Circuit Judge.
Harold L. Roby, Jr. appeals from a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirming a Board of Veterans’ Appeals (“Board”) decision denying his request for an increased disability rating under 38 C.F.R. § 4.114, Diagnostic Code (“DC”) 7203. See Roby v. Wilkie, 31 Vet. App. 91 (2019). Because we disagree with the Veterans Court’s application of controlling Supreme Court precedent and its interpretation of 38 C.F.R. §§ 4.114, DC 7203 and 4.7, we vacate and remand.
I. BACKGROUND
Harold L. Roby, Jr. actively served in the U.S. Army from January 30, 1975 to July 10, 1992. While