Single Judge Application; informed consent criteria in § 17.32; this Court found that the minor, immaterial deviation exception outlined in McNair “does not apply when there is no attempt to obtain consent (as opposed to where defective consent has been obtained).” Hatfield v. McDonough, No. 19-7165, __ Vet.App. , , 2021 WL 855176, at *8 (Vet. App. Mar. 8, 2021);

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 20-3381
JUAN J. GARCIA, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before PIETSCH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
PIETSCH, Judge: Juan J. Garcia appeals, pro se, an April 21, 2020, Board of Veterans’
Appeals (Board) decision in which the Board (1) denied compensation under 38 U.S.C. § 1151 for
post branchial cyst residuals resulting from a July 1979 VA medical treatment; and (2) remanded
the matter of service connection for an acquired psychiatric disorder, to include post-traumatic
stress disorder (PTSD) and major depressive disorder.1 Record (R.) at 5-10. This appeal is timely
and the Court has jurisdiction over the matter on appeal pursuant to 38 U.S.C. §§ 7252(a) andSingle-judge disposition is appropriate when the issues are of “relative simplicity” and “the
outcome is not reasonably debatable.” Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). For the
reasons that follow, the Court will vacate the part of the April 21, 2020, Board decision that denied
compensation under section 1151 for post branchial cyst residuals and remand the matter for
readjudication consistent with this decision.
1 The matter remanded by the Board is not before the Court. See Breeden v. Principi, 17 Vet.App. 475, 478
(2004); see also Howard v. Gober, 220 F.3d 1341, 1344 (Fed. Cir. 2000).
2
I. BACKGROUND
Mr. Garcia served on active duty in the U.S. Army from June 1974 to June 1977. R. at

In July 1979, he underwent surgery at the VA hospital in San Antonio, Texas, for excision
of a