Citation Nr: 18142817 Decision Date: 10/16/18 Archive Date: 10/16/18 DOCKET NO. 16-17 070 DATE: October 16, 2018 ISSUES 1. Entitlement to service connection for viral arthritis with edema, all joints. 2. Entitlement to service connection for a left shoulder disability. 3. Entitlement to service connection for broken right thumb. 4. Entitlement to service connection for broken right great toe. 5. Entitlement to an initial disability rating in excess of 10 percent for hypothyroidism. REMANDED Entitlement to service connection for viral arthritis with edema, all joints is remanded. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for broken right thumb is remanded. Entitlement to service connection for broken right great toe is remanded. Entitlement to an initial disability rating in excess of 10 percent for hypothyroidism is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1990 to February 2013. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Benefits at Delivery from Discharge program. Jurisdiction was transferred to the VA Regional Office (RO) in Montgomery, Alabama. The Board is of the opinion that additional development is required before the Veteran’s claims on appeal are decided. At the outset, the Board notes that the Veteran’s service personnel records are not associated with the electronic record and should be obtained on remand. The Veteran contends that service connection is warranted for the disabilities on appeal as they are related to or had their onset in service, to include injury to his left shoulder and broken right great toe during deployment to Iraq during a training exercise. The Veteran also contends that his right thumb was first injured in 1993 while he was deployed to Saudi Arabia and was reinjured during his training exercise in Iraq. Finally, he asserts that his viral arthritis with edema, all joints, started in 2006 while deployed to Iraq, and is related to exposure to environmental hazards. The Veteran was scheduled for VA examinations in connection with his claims on September 2013, but he failed to report. However, the Veteran asserted in his December 2013 notice of disagreement that he never received notification of the VA examinations. Subsequently, the Veteran was scheduled for VA examinations in connection with his claims on December 2015, but again failed to report. However, the Veteran stated in February 2016 that these examinations were missed due to notification being sent to his old address. The Board acknowledges that, under applicable law, when a claimant, without good cause, fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be determined based on the evidence of record. 38 C.F.R. § 3.655 (b). In this case, however, a review of the record indicates that the notice of examinations may have been sent to the wrong address. In what appears to be July 2015 RO interoffice correspondence, it is noted that the Veteran’s old address was listed in the system and that it was possible that notice of the examinations was sent to that address. In the November 2015 request for examinations, the Veteran’s old address is again listed. In light of this evidence, it is questionable whether the Veteran received notice of the scheduled examinations. Accordingly, the Board is unable to presume that the Veteran was properly notified of the upcoming examinations so as to permit the application of 38 C.F.R. § 3.655 (b). See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). As such, the Board finds that the Veteran should be afforded an additional opportunity to undergo VA examinations in connection with his appeal. On remand, the RO should undertake appropriate measures to verify the Veteran's current address. Thereafter, the RO should schedule the Veteran for the appropriate VA examinations. The Veteran is hereby notified that it is his responsibility to report for the scheduled examinations and to cooperate in the development of the claims. The consequence for failure to report for a VA examination without good cause for an original claim may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655(2017). In the event that the Veteran does not report for the scheduled examination, documentation must be obtained to show that notice scheduling the examination was sent to his most recent mailing address of record. It must also be indicated whether any notice that was sent was returned as undeliverable. In regards to the claim for an increased rating for hypothyroidism, the Veteran was most recently afforded an examination to evaluate his hypothyroidism in February 2016. The Veteran indicated in his April 2016 formal appeal that his disability had increased in severity, noting that his hypothyroidism caused fatigability, constipation, and mental sluggishness. As such, the Board finds that remand is warranted to assess the current severity of the hypothyroidism. The matters are REMANDED for the following action: 1. Request copies from all appropriate sources of the Veteran’s complete service personnel records. If any of these records are found to be unavailable, this should be specifically noted in the claims file and the Veteran should be notified as to the unavailability of such records pursuant to 38 C.F.R. § 3.159 (e). 2. Obtain and associate with the claims file any outstanding VA treatment records; and, with appropriate authorization from the Veteran, any additional outstanding private treatment records identified by him as pertinent to his claims. If any of these records are found to be unavailable, this should be specifically noted in the claims file and the Veteran should be notified as to the unavailability of such records pursuant to 38 C.F.R. § 3.159 (e). 3. After the above development is completed, schedule the Veteran for VA examination(s) conducted by appropriate health care provider(s) to determine the nature and etiology of his claimed viral arthritis with edema, all joints; left shoulder disability; right thumb disability; and right great toe disability. The electronic claims files, to include a copy of this remand, must be made available to and be reviewed by the examiner(s) in conjunction with the examination. All necessary testing should be accomplished, as appropriate. The examiner(s) should address the following: Opine whether it is at least as likely as not (50 percent probability or greater) that any viral arthritis with edema, all joints; left shoulder disability; right thumb disability; and right great toe disability diagnosed during the pendency of this appeal, had its onset in service or is otherwise etiologically related to service, to include exposure to environmental hazards in regards to the viral arthritis with edema, all joints; and with respect to his orthopedic disability claims, his reports of injury to his left shoulder and broken right great toe in a training exercise during deployment to Iraq, and a right thumb injury in 1993 while he was deployed to Saudi Arabia and was reinjured during his training exercise in Iraq. A full and complete rationale for all opinions expressed must be provided. If the examiner is unable to offer any of the requested opinions, a rationale should be provided for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. See Jones v. Shinseki, 23 Vet. App. 382 (2011). 4. After the above development is completed, arrange for the Veteran to be afforded a VA examination in order to ascertain the current severity of the service-connected hypothyroidism. The claims file must be reviewed by the examiner, and any indicated studies should be performed. All appropriate diagnostics should be accomplished and all clinical findings should be reported in detail. Ensure that the examiner provides all information required for rating purposes. 5. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claims on appeal. If any benefit sought on appeal remains denied, furnish the Veteran and his representative with an appropriate supplemental statement of the case and afford a reasonable opportunity for response. Michael Pappas Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R.M.K., Counsel