Citation Nr: 20007110 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 14-28 389 DATE: January 28, 2020 REMANDED Entitlement to an initial increased rating in excess of 10 percent for a coronary artery disease is remanded. Entitlement to service connection for an obstructive sleep apnea disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1968 to February 1970. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. In August 2017, the Veteran testified before the undersigned Veterans Law Judge during a Board video conference hearing. This matter was previously before the Board in March 2018 but was remanded to afford the Veteran examinations to determine the current severity of his coronary artery disease and to obtain a medical opinion for his obstructive sleep apnea. The RO issued a supplemental statement of the case (SSOC) in October 2019 denying his claims. Accordingly, the Board finds that the RO substantially complied with the March 2018 Remand directives. D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). This matter is again before the Board for adjudication. 1. Coronary Artery Disease 2. Obstructive Sleep Apnea Following the Board’s remand, the RO scheduled the Veteran for two VA examinations on October 16, 2019. On October 16, 2019, VA was notified that he failed to attend the VA examinations. However, on October 30, 2019, the Veteran contacted VA stating that he missed the VA examinations because he was unaware that the examinations were conducted by a contractor and thought that the correspondence by the contractor was a scam. He further requested to reschedule the VA examination and stated he will be sure to attend the rescheduled examination. However, to date, no VA examinations have been rescheduled. The Board notes that, in certain circumstances, when a claimant fails to report to a scheduled VA examination without good cause, the claim shall be denied. With regards to the Veteran’s misunderstanding, the Board finds that the Veteran’s effort to contact VA shortly after he was notified of the missed VA examinations and willingness to make the rescheduled VA examination is sufficient to constitute good cause. Moreover, a review of the record does not indicate that he has missed previous VA examinations. As such, the Board will afford the Veteran another opportunity to appear for his VA examinations for his coronary artery disease and obstructive sleep apnea disability. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to obtain findings addressing the current severity of his coronary artery disease utilizing the appropriate worksheet. 2. Schedule the Veteran for an examination to obtain findings addressing the nature and etiology of his obstructive sleep apnea disability. Following a review of the Veteran’s claims file, the examiner must opine as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s obstructive sleep apnea disability is related to the Veteran’s time in service. In rendering an opinion, the VA examiner must consider all lay statements from the Veteran and his spouse regarding the onset and symptomatology of his obstructive sleep apnea disability, including and not limited to, their statements made during the August 2017 Board hearing. A detailed explanation is requested for all opinion provided. If an opinion cannot be provided without resort to speculation, the VA examiner should provide an explanation as to why this is so. 3. After, readjudicate the claim. If the benefit sought on appeal remains denied, furnish the Veteran with a supplemental statement of the case (SSOC) and provide him with an appropriate opportunity to respond. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Xiong, 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.