Citation Nr: 20007075 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 13-34 153A DATE: January 28, 2020 ORDER Service connection for arthritis is denied. FINDING OF FACT 1. The Veteran, without good cause, failed to appear at a scheduled VA examination necessary to decide her claim for service connection for arthritis. 2. The Veteran’s arthritis is not related to her military service. CONCLUSION OF LAW The criteria for service connection for arthritis have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1974 to August 1977. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This issue was previously remanded by the Board in September 2017 and has since been returned for further adjudication. In her December 2013 VA Form 9, the Veteran requested a Board hearing before a Veterans Law Judge at the RO. In May 2016, however, the Veteran withdrew her hearing request. 38C.F.R. §20.702(e) When entitlement or continued entitlement to a benefit cannot be established or confirmed 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 paragraph 3.655(b) or (c) as appropriate. 38 C.F.R. § 3.655(a). When a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. However, when the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied. 38 C.F.R. § 3.655(b). Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, or death of an immediate family member. 38 C.F.R. § 3.655(a). The Veteran contends that she is entitled to service connection for arthritis. The Veteran was scheduled for a VA examination for her arthritis in November 2017. The Veteran did not attend the examination and has not provided any reason for her failure to report for her VA examination. That is, there has been no showing of good cause. Thus, the Board shall decide the claim on the evidence available in the record without the benefit of an examination. 38 C.F.R. § 3.655(b). Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service treatment records show that in February 1977 the Veteran hurt her knee, shoulder, neck, and head while roller skating. In May 1977 the Veteran reported pain in her right leg. During her August 1977 separation examination, the Veteran reported swollen or painful joints and cramps in her legs. This examiner noted that her system, including her musculoskeletal system, was normal. Post-service treatment records show that the Veteran suffers from arthritis in her hips, right shoulder, knees, and spine. In December 2010, the Veteran underwent a VA examination. The examiner found that the Veteran had mild degenerative disc disease (DDD) of the cervical spine and shoulder pain and that these conditions were less likely as not (less than a 50 percent probability) caused by or a result of active duty, although no rationale was provided. The examination did not include an examination of the arthritis claimed in other areas of the body, to include the hips and knees. In September 2012, the Veteran’s private treatment provider noted that the Veteran’s diagnosis of arthritis was known “since service” and to him for the 5 years leading up to that date since establishing care with the Veteran. He also noted that she had osteoarthritis at several locations, including her back, neck, shoulders, hips, and knees. In an October 2012 VA Form 21-4138, the same medical provider stated that the Veteran’s diagnoses are problems from service but did not provide a rationale for this statement. Due to this, the Board remanded the case in September 2017 to obtain an opinion as to whether the Veteran’s current arthritis was related to or caused by her military service. However, as noted above, the Veteran did not report for her examination. (Continued on the next page)   The current record is absent competent evidence linking the Veteran’s current arthritis to complaints during service. Notably, as a lay person the Veteran is not competent to offer an opinion on a medically complex matter such as the etiology of arthritis. Although the Veteran’s treating physician stated that her arthritis is a problem since service, he did not provide a rationale for this opinion. Given the lack of competent evidence relating her arthritis to service, the claim is denied. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Shuster, Attorney Advisor The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.