Citation Nr: 19124366
Decision Date: 04/02/19	Archive Date: 04/01/19

DOCKET NO. 16-07 910
DATE:	April 2, 2019

REMANDED

Entitlement to service connection for a right shoulder disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

Entitlement to service connection for a right knee disability is remanded.

Entitlement to service connection for a prostate disability is remanded.

Entitlement to service connection for erectile dysfunction is remanded.

Entitlement to service connection for a total rating based on individual unemployability due to service connected disability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1990 to January 2013.  This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.  

In a January 2019 letter, VA informed the Veteran that the videoconference hearing was scheduled for March 7, 2019.  However, the Veteran failed to appear for the hearing without explanation.  As such, the hearing request is considered withdrawn.

1. Service Connection Claims

A review of the record shows that the Veteran failed to appear for scheduled VA examinations for his claims.  The RO then adjudicated his claims of entitlement to service connection for right shoulder, left knee, right knee, and prostate disabilities; and erectile dysfunction.  In his January 2014 notice of disagreement, the Veteran indicated that he was unable to attend his scheduled VA examinations as he was out of the country to attend the first anniversary of his mother’s death, and in order to be present for his father who was undergoing chemotherapy at the time.  Therefore, the Board finds good cause to afford the Veteran another opportunity to present for a scheduled VA examination. 

2. TDIU

Regarding the TDIU issue, the Board notes that the issue of entitlement to a TDIU is inextricably intertwined with the claims remanded herein.  Harris v. Derwinski, 2 Vet. App. 180, 183 (1991).  Hence, a determination on the claim for TDIU should be deferred pending final dispositions of the claims of entitlement to service connection for right shoulder, left knee, right knee, and prostate disabilities; and erectile dysfunction.

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for VA examinations by an examiner(s) with sufficient expertise to determine the nature and etiology of the Veteran’s right shoulder, left knee, right knee, and prostate disabilities; and erectile dysfunction.  The examiner(s) should review the claims file and indicate that review in the report.  Any indicated studies should be performed.  

Based upon the examination results and a review of the record, the examiner(s) should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any right shoulder, left knee, right knee, and prostate disabilities; and erectile dysfunction is etiologically related to service.

The rationale for all opinions expressed must be provided.

3. Confirm that the VA examination reports and all opinions provided comport with this remand, and undertake any other development found to be warranted.

4. Then, readjudicate the issues on appeal.  If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Mariah N. Sim, Associate Counsel