Citation Nr: 18140774
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 15-03 738
DATE:	October 5, 2018
ORDER
Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is denied.
FINDING OF FACT
The Veteran failed to report for a VA examination scheduled in October 2017 in connection with his reopened appeal seeking service connection for an acquired psychiatric disorder; and, good cause for his failure to appear is not shown.
CONCLUSION OF LAW
The criteria for entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) must be denied as a matter of law. 38 C.F.R. § 3.655 (2018).


REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from May 1952 to March 1954.
1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD
The Veteran contends that he has an acquired psychiatric condition, including PTSD, related to his active military service.
When a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. When the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, such as in the instant appeal, the claim shall be denied. 38 C.F.R. § 3.655(b)(emphasis added).
Following its August 2017 decision to reopen the Veteran’s claim for service connection for a psychiatric disorder, the Board issued a Remand and ordered a VA examination to evaluate the nature and etiology of the Veteran’s claimed psychiatric condition. Such was deemed necessary in order to determine the nature and etiology of any psychiatric disorder. The RO requested the examination in October 2017.  The Veteran did not appear for the examination.  
In October 2017, the RO attempted to contact the Veteran concerning his failure to appear.  The Veteran did not return the calls.  The RO confirmed the Veteran’s ability to communicate, in that he had contacted the RO and responded to communications on other occasions for unrelated matters.
A January 2018 supplemental statement of the case ( SSOC ) addressing the service connection claim included provisions of 38 C.F.R. § 3.655 and explained that the Veteran’s failure to appear for a scheduled examination resulted in the denial of his claim.  The Veteran was notified that his service connection claim had been returned to the Board, and in May 2018, the Board sent correspondence to the Veteran’s representative concerning the opportunity to submit a brief on the issue of service connection for an acquired psychiatric disorder, including PTSD.  As of this date, neither the Veteran, nor his representative has submitted further evidence or communication regarding this claim.
The record shows that the Veteran failed to report for the VA examination scheduled in connection with his reopened claim for service connection of an acquired psychiatric disorder, including PTSD.  He has not provided good cause for his failure to report.  The regulation governing in the circumstances presented, 38 C.F.R. § 3.655 (b), is clear and unequivocal; it mandates (“shall”) that the claim must be denied.  Accordingly, the Board has no discretion in the matter; the law is dispositive.  See Sabonis v. Brown, 6 Vet. App. 426 (1994).  The Veteran’s claim for service connection is denied.
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M.E. Lee, Associate Counsel