Citation Nr: 18147015 Decision Date: 11/02/18 Archive Date: 11/02/18 DOCKET NO. 16-54 615 DATE: November 2, 2018 REMANDED Entitlement to service connection for a right foot disability is remanded. REASONS FOR REMAND This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7101(a)(2). The appellant served on active duty for training (ACDUTRA) from January 1988 to June 1988. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Newark, New Jersey. In an April 2018 decision, the Board remanded the claim for an additional medical opinion. Regrettably, the Board finds another remand is necessary. Entitlement to service connection for right foot disability is remanded. The appellant contends he has a current right foot disability that stems from an incident occurring during ACDUTRA, where he dropped a 50-pound ammunition box onto his right foot. As instructed by the April 2018 remand, a new examination was scheduled in May 2018 to obtain an opinion that addresses the appellant’s lay statements regarding a continuity of symptomatology, and addresses the appellant’s service treatment records (STRs), as it relates to aggravation of his pre-existing hallux valgus. The record indicates the appellant failed to appear to this examination. See C&P Exam, May 2018. Subsequently, a supplemental statement of the case (SSOC) was issued in July 2018, noting his failure to appear without good cause as a reason for a continued denial of the claim. See 38 C.F.R. § 3.655. In response to the SSOC, the appellant’s representative of record informed the VA that the appellant never received notice of this examination. Additionally, after the representative reviewed the record, the representative noticed that the appellant’s contact information was no longer current; and subsequently in August 2018, provided the VA with the appellant’s current telephone number and address. The record now reflects the appellant’s updated address. Therefore, because the appellant did not receive notice of the VA examination, the Board finds that the appellant should be afforded another opportunity to appear for a VA examination in conjunction with his claim, with proper notice of this examination sent to the updated address of record. The matter is REMANDED for the following action: (Please note, this appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). Expedited handlings are requested.) 1. Inform the appellant of his responsibility to report for a scheduled examination, as consequences for his failure to report for a VA examination without good cause may include, but not limited to, denial of the claim pursuant to 38 C.F.R. § 3.655(b). Properly notify the appellant of the requested examination and ensure notice is sent to the updated address of record, with sufficient time in advance to allow him to attend the examination. In the event the appellant does not report for an examination, documentation must be obtained that shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. 2. Request the appellant to identify all medical providers (VA and private) from whom he has received treatment for his right foot disability, and obtain any outstanding records and associate them with the appellant’s claims file. 3. After associating all newly acquired records with the claims file, schedule the appellant for an examination addressing the nature and etiology of his claimed right foot disability. The claims file, including a copy of this remand, must be made available to the examiner in conjunction with the examination, and the examiner should note review of the record in the examination report. All pertinent symptoms and findings must be reported in detail. Following complete review of the record, including prior examination reports and opinions and the appellant’s statements, the examiner must address the following: (a) Identify and clearly describe all diagnoses related to the appellant’s right foot. If none have been identified, then the examiner must explain his/her findings. (b) Provide an opinion with respect to each diagnosis related to the appellant’s right foot disability, as to whether it is at least as likely as not (50 percent or greater probability) that the disability has been caused or aggravated by the appellant’s period of ACDUTRA? In making this determination, the examiner’s attention is directed to the appellant’s December 1978 military entrance examination (documenting asymptomatic pes planus and mild hallux valgus) and STRs dated February and March 1988 (documenting symptomatic hallux valgus during basic training). *Please note: Aggravation means permanent worsening of the condition beyond its natural progression. 4. Any opinion given should include a detailed rationale. The examiner should consider the entire claims file, and discuss the appellant’s lay statements regarding the nature, onset, and continuity of symptoms. The examiner is advised that the appellant is competent to report symptoms and treatment, and his reports must be considered in formulating the requested opinion. If the appellant’s reports are discounted, the examiner should provide a reason for doing so. 5. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rational for the conclusion that an opinion could not be provided without resorting 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 that opinion is based on the limits of medical knowledge. See Jones v. Shinseki, 23 Vet. App. 382 (2010). M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Hodges, Associate Counsel