Citation Nr: 20013232 Decision Date: 02/19/20 Archive Date: 02/19/20 DOCKET NO. 16-10 069 DATE: February 19, 2020 REMANDED Entitlement to service connection for a respiratory disorder, claimed as the residuals of pneumonia, is remanded. Entitlement to service connection for cold injury residuals is remanded. Entitlement to service connection for coronary artery disease is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1954 to November 1957 and he is appealing the Regional Office (RO)’s denial of the aforementioned claims, as reflected in a September 2015 rating decision. In June 2018, the Veteran testified at a Board of Veterans’ Appeals (Board) hearing before the undersigned. The Board then remanded all three claims in September 2018, among other things, to afford the Veteran an opportunity to receive a Department of Veterans Affairs (VA) examination. He was scheduled for a VA examination and the record indicates he did not report. See September 2019 Exam Scheduling Clarification Request. When a veteran fails to report to any scheduled examination in connection with a reopened claim for benefits, without good cause, the claim will be denied. See 38 C.F.R. § 3.655(a), (b). A further look at the record indicates that the Veteran did not wish to attend the scheduled examinations because he did not want to go through any further examinations. See September 2019 Exam Scheduling Clarification Request. The next day, a supplemental statement of the case (SSOC) was issued denying all claims on the basis that the Veteran did not report for his scheduled examinations. However, in October 2019, the Veteran submitted a statement requesting to reschedule the examinations as he did not understand the gravity in not going, nor did he understand what to do or where to go. See October 2019 VA 21-4138. Given the circumstances of this case and affording the Veteran the benefit of the doubt, the Board finds that good cause is shown and that a remand is necessary to schedule him for another examination. Any outstanding treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain any updated VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding private treatment records. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any current respiratory disorder. After conducting this examination and reviewing the Veteran’s claims file, the examiner is asked to opine whether it is at least as likely as not (50 percent or higher probability) that any current respiratory disorder is related to the Veteran’s in-service pneumonia. The examiner is advised that this episode of pneumonia is to be considered as fact for the purpose of rendering this opinion, and the examiner is further advised that the majority of the Veteran’s service treatment records are unavailable, as they are presumed to have been destroyed by fire. The examiner must provide a detailed rationale for the requested opinion. If unable to opine without speculation, please provide an explanation for that conclusion. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any current cold injury residuals. After conducting this examination and reviewing the Veteran’s claims file, the examiner is asked to opine whether it is at least as likely as not (50 percent or higher probability) that any current cold injury residuals are related to the Veteran’s in-service exposure to extreme cold temperatures while serving in Korea. The examiner is advised that this cold exposure is to be considered as fact for the purpose of rendering this opinion, and the examiner is further advised that the majority of the Veteran’s service treatment records are unavailable, as they are presumed to have been destroyed by fire. The examiner must provide a detailed rationale for the requested opinion. If unable to opine without speculation, please provide an explanation for that conclusion. 5. If, and only if, either of the above examinations results in a determination that the Veteran has either a current respiratory or cold injury disorder that is related to service, obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s currently-diagnosed coronary artery disease is at least as likely as not (50 percent or higher probability): (a) proximately due to a service-related respiratory/cold injury disorder or (b) aggravated (worsened beyond natural progression) by such a service-related disability. The examiner must provide a detailed rationale for the requested opinion. If unable to opine without speculation, please provide an explanation for that conclusion. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. J. Rogers, 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.