Citation Nr: 18159470 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 13-08 868 DATE: December 19, 2018 REMANDED Entitlement to an initial rating higher than 20 percent prior to November 12, 2014 and higher than 40 percent thereafter for peripheral neuropathy and lumbar radiculopathy of the left lower extremity is remanded. Entitlement to an initial rating higher than 10 percent prior to May 16, 2015 and higher than 20 percent thereafter for a lumbar spine disability is remanded. Entitlement to service connection for erectile dysfunction, to include as due to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1970 to July 1972. These matters are before the Board of Veterans’ Appeals (Board) on appeal from July 2011 and May 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office. These matters were most recently before the Board in October 2017, when they were remanded for additional development, to include scheduling for new examinations. Remanded Issues When the Board remands an appeal, the claimant obtains a right to compliance with the remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board’s October 2017 remand required the AOJ to arrange an examination concerning the Veteran’s lumbar spine disability and peripheral neuropathy and lumbar radiculopathy of the left lower extremity. As the Board explained, the examination was needed to comply with 38 C.F.R. § 4.59, Correia v. McDonald, 28 Vet. App. 158 (2016). The examiner was also requested to provide an etiology opinion between the Veteran’s erectile dysfunction and any service connected disability or medication used to treat any service-connected disability. According to the electronic claims file, an employee of the AOJ requested the examination and opinions in November 2017. In December 2017, the examination was cancelled because the Veteran was currently in Puerto Rico and did not think the appointment was necessary. In September 2018, the AOJ issued a supplemental statement of the case (SSOC), which denied the claims. To explain the failure to obtain new examination reports, the AOJ cited the Veteran’s failure to report for the scheduled VA examination. However, in correspondence dated September 2018, the Veteran indicated that he had moved to Puerto Rico and was willing and able to report to a VA examination in Puerto Rico. Under these circumstances, it is likely that the reason the Veteran failed to appear for the scheduled examination is that he had moved to Puerto Rico prior to the date of the scheduled examination. Pursuant to Stegall, the Board must remand this case so that the Veteran has the opportunity to participate in the previously ordered examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination in Puerto Rico to ascertain and evaluate the current level of severity of his lumbar spine and left lower extremity disabilities. The claims file should be made available to the examiner. The examiner should report the extent of the Veteran’s disabilities in accordance with VA rating criteria. With regard to the Veteran’s service-connected lumbar spine disability, range of motion testing should be accomplished and reported for the thoracolumbar spine in active motion, passive motion, weight-bearing, and nonweight-bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner should report functional impairment due to incoordination, weakened movement, excess fatigability, pain or flare-ups in terms of additional degrees of limitation of motion. The examiner is advised that the Veteran is competent to report limitation during flare-ups. All neurological manifestations should be included in the examination report. With regard the claim for erectile dysfunction, the examiner is also requested to provide an opinion as to whether any of the Veteran’s service-connected disabilities (including major depression, peripheral neuropathy and radiculopathy of the left and right lower extremities, a lumbar spine disability, and gastroesophageal reflux disease (GERD)) or any of the medications used to treat any of his service-connected disabilities cause or aggravate his diagnosed erectile dysfunction. A complete rationale must be included for all proffered opinions. If the examiner cannot provide any requested opinion without resorting to mere speculation, such should be stated along with a complete explanation for that conclusion. Inform the Veteran that he must report for any scheduled examination and cooperate in the development of the claim. Failure to report for a VA examination without good cause may result in denial of the claim.38 C.F.R. §§ 3.158, 3.655. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Norwood, Associate Counsel