Citation Nr: 20009663 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 15-09 206 DATE: February 6, 2020 REMANDED Entitlement to service connection for skeletal arthritis is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1952 to October 1954. In an April 2018 decision, the Board denied the claim. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In April 2019, the Court issued a Memorandum Decision partially vacating the Board’s decision and remanded the Veteran’s appeal to the Board for further development. The claim is now back before for further development as directed by the Court’s April 2019 Memorandum Decision. This case was most recently before the Board in October 2019 when it was remanded for further development. Entitlement to service connection for skeletal arthritis is remanded. The Board is unable to make a fully informed decision because additional development is necessary. The Board’s October 2019 remand directed the Agency of Original Jurisdiction (AOJ) to obtain a VA examination to determine whether the Veteran’s skeletal arthritis was caused by cold exposure during the Korean War. The record shows that the Houston VA medical center attempted to contact the Veteran to schedule a VA examination without success; subsequently cancelling the examination. However, the record does not contain a copy of the written notice sent to the Veteran to ensure the correct address was used. On remand, the Veteran should be scheduled for a VA examination. All VA examination notices should be copied to the Veteran’s agent, who can assist in ensuring the Veteran has proper notice. The matters are REMANDED for the following action: 1. Obtain the names and addresses of all medical care providers who treated the Veteran for his skeletal arthritis since service. After securing the necessary release, take all appropriate action to obtain these records. Inform the Veteran and provide him with the chance to submit additional records. 2. Schedule the Veteran for a VA examination with an appropriate VA examiner, to determine service connection for his skeletal arthritis. Copies of all pertinent records must be made available to the examiner. The Veteran’s agent and the file should be copied on all written notices sent to the Veteran, giving the Veteran an appropriate time to respond. The Veteran is hereby notified that failure to attend the VA examination, VA may make a decision denying his claim. After reviewing the claims file, the examiner is asked to answer the following questions: (a) Is it at least as likely as not (50 percent probability) that any currently diagnosed skeletal arthritis was incurred in or is otherwise related to service, to include his exposure to cold weather? The examiner should consider the Veteran’s credible testimony that he experienced cold exposure while under combat conditions during the Korean War. The examiner may NOT rely on the absence of a medical record or evidence of medical treatment as the sole rationale for any negative medical nexus opinion. A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner’s own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. G. Perkins, Associate Counsel 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.