Citation Nr: 18145070 Decision Date: 10/26/18 Archive Date: 10/25/18 DOCKET NO. 16-36 143 DATE: October 26, 2018 ORDER Entitlement to service connection for right ankle strain is denied. Entitlement to service connection for back strain is denied. Entitlement to service connection for a bilateral hearing loss disability is denied. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of right ankle strain. 2. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of back strain. 3. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a bilateral hearing loss disability. CONCLUSIONS OF LAW 1. The criteria for service connection for right ankle strain are not met. 38 U.S.C. §§ 1110, 1112, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for back strain are not met. 38 U.S.C. §§ 1110, 1112, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 3. The criteria for service connection for a bilateral hearing loss disability are not met. 38 U.S.C. §§ 1110, 1112, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS As a preliminary matter, the Board notes that these matters arise from an original compensation claim that was filed in October 2013. Over the course of the appeal, the Veteran was scheduled for examinations on three separate occasions, but failed to report to any of the examinations. When a veteran, without good cause, fails to report for a necessary VA examination in conjunction with an original claim for compensation, the claim will be rated based on the evidence of the record. 38 C.F.R. § 3.655(a), (b). Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc. Here, good cause has been shown for the first two attempts to provide examinations. With respect to the RO’s first attempt to provide an examination, the Veteran reported in September 2014 that he was unable to attend due to a family emergency. With respect to the second attempt to provide examinations, he reported in July 2016 that he did not receive timely notice of his examinations. However, the Board finds that good cause has not been shown for the third attempt to provide examinations, as the Veteran has not explained why he was unable to report to the examinations. Accordingly, the claims will be rated based on the current evidence of record, pursuant to § 3.655(b). Service Connection Generally, service connection may be granted for a disability or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. In order to establish service connection for a claimed disability, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection is not warranted for a right ankle strain, back strain, or a bilateral hearing loss disability. Having reviewed the record, the Board concludes that the evidence does not show that the Veteran has a current diagnosis or had a diagnosis at any time during the pendency of the claims or recent to the filing of the claims. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); 38 C.F.R. § 3.303(a), (d). Available medical records do not document any diagnoses related to the right ankle, back, or hearing loss. Additionally, the Veteran has not provided any statements indicating that he currently has or received any diagnoses during the pendency of the appeal period. In light of this, the preponderance of the evidence is against finding that the Veteran has a current diagnoses of a right ankle strain, back strain, or a bilateral hearing loss disability. Consequently, these claims must be denied. N. RIPPEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Vang, Associate Counsel