Citation Nr: 18146855 Decision Date: 11/01/18 Archive Date: 11/01/18 DOCKET NO. 16-34 192 DATE: November 1, 2018 ORDER 1. The reopened claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is denied as a matter of law. 2. The reopened claim of entitlement to service connection for an acquired psychiatric disorder, other than PTSD, to include anxiety and depression, is denied as a matter of law. FINDINGS OF FACT 1. The Veteran failed to report, without good cause, for scheduled VA examinations in conjunction with reopened claims for entitlement to service connection for 1) posttraumatic stress disorder (PTSD) and 2) an acquired psychiatric disorder other than PTSD, to include anxiety and depression. 2. Neither the Veteran nor his representative has asserted that the Veteran failed to receive notifications of the examinations, submitted a statement of good cause for his failure to report for the scheduled VA examinations in connection with the reopened claims for service connection, or expressed a willingness to schedule a new VA examination after being informed in a May 2016 statement of the case and an October 2016 supplemental statement of the case that he had failed to report for scheduled VA examinations in May 2016 and August 2016, respectively. CONCLUSIONS OF LAW 1. The criteria for a denial based on the application of 38 C.F.R. § 3.655(b) have been met regarding the reopened claim of entitlement to service connection for PTSD. 38 C.F.R. § 3.655. 2. The criteria for a denial based on application of 38 C.F.R. § 3.655(b) have been met regarding the reopened claim of entitlement to service connection an acquired psychiatric disorder, other than PTSD, to include anxiety and depression. 38 C.F.R. § 3.655. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1981 to June 1984. Failure to Appear for VA Examinations Under 38 C.F.R. § 3.655(a), when entitlement to a benefit cannot be established without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination or reexamination, action shall be taken in accordance with 38 C.F.R. § 3.655(b) or (c) as appropriate. 38 C.F.R. § 3.655(b) applies to original or reopened claims or claims for increase, and 38 C.F.R. § 3.655(c) applies to running awards, when the issue is continuing entitlement. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, and death of an immediate family member. 38 C.F.R. § 3.655(a). 38 C.F.R. § 3.655(b) provides, when a claimant fails to report for an examination scheduled in conjunction with a claim for increase or a reopened claim for a benefit which was previously disallowed, the claim shall be denied. The Board notes that service connection for PTSD was denied in a November 1998 rating decision and that service connection for an acquired psychiatric disorder, to include anxiety and depression, was denied in a February 2013 rating decision. The two claims on appeal fall under “a reopened claim for a benefit which was previously disallowed,” as the RO reopened the claims after the prior denials. An April 8, 2016 VA Compensation and Pension Examination Inquiry reflects that a request for an initial PTSD Disability Benefits Questionnaire (DBQ) was initiated by the Regional Office. The record indicates that on May 16, 2016, the VA examination was canceled due to the Veteran’s failure to report to the scheduled examination on May 7, 2016. In the May 2016 statement of the case, the Veteran was informed that notice was received that he had failed to report to the VA examination scheduled on May 7, 2016 and that no notice was received from the Veteran of good cause for his failure to report. The Veteran was also provided examples of good cause for the failure to report for an examination. Further, it was requested for the Veteran to inform the Regional Office if he was willing to report for a VA examination. The statement of the case was not returned as undeliverable, and the Veteran submitted a VA Form 9, Appeal to the Board, which document is attached to a statement of the case, which would mean that he was aware that he had failed to appear for a VA examination. Additionally, the address on the VA Form 9 was the same address on the May 2016 statement of the case. In the July 2016 VA Form 9, the Veteran wrote that he had a diagnosis of PTSD that was treated at the VA Medical Center. Subsequently, another VA examination was scheduled in August 2016. The request specifically states to send a courtesy copy of the examination notice to the Veteran’s power of attorney and that the examination was scheduled based on the Veteran’s residing zip code and ERRA (Examination Request Routing Assistant) instructions. An October 7, 2016 VA Compensation and Pension Examination Inquiry reflects that a request for an initial PTSD Disability Benefits Questionnaire (DBQ) was initiated on August 1, 2016 by the Regional Office and canceled on August 25, 2016 due to the Veteran’s failure to report. In the October 2016 supplemental statement of the case, the Veteran was informed that notice was received that he had failed to report to the VA examination scheduled on August 25, 2016 and that he had not provided good cause for his failure to report for the examination. The supplemental statement of the case was not returned as undeliverable and was sent to the same address that the Veteran provided in the VA Form 9. The Veteran has not presented good cause for his failure to report for the scheduled VA examinations, requested that a new examination be scheduled, or, after receipt of the statement of the case and supplemental statement of the case, both of which informed him that he had failed to report for scheduled VA examinations. The evidence does not show that the Veteran did not receive notification of one or both examinations. Under these circumstances, the Board finds that the Veteran has failed to report for two VA examinations without good cause in connection with his previously-denied claims. The Board finds that the preponderance of the evidence is against a finding that the Veteran did not receive notice of the examinations and that the presumption of regularity of the administrative process has not been rebutted by clear and convincing evidence. See Matthews v. Principi, 19 Vet. App. 23 (2005). As stated above, where entitlement to a benefit cannot be established or confirmed without a current VA examination and the Veteran fails to report for an examination scheduled in conjunction with a reopened claim for a benefit that was previously disallowed, the claim shall be denied. 38 C.F.R. §§ 3.655(a), (b). 1. Entitlement to service connection for PTSD. The Veteran’s reopened claim of entitlement to service connection for PTSD is denied as a matter of law due to his failure to report for scheduled VA examinations without good cause. 2. Entitlement to service connection for an acquired psychiatric disorder other than PTSD, to include anxiety and depression. The Veteran’s reopened claim of entitlement to service connection for an acquired psychiatric disorder, other than PTSD, to include anxiety and depression, is denied as a matter of law due to his failure to report for scheduled VA examinations without good cause. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Cheng, Associate Counsel