Citation Nr: 20021876
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 17-63 163
DATE: March 27, 2020

REMANDED

Entitlement to a compensable disability rating for non-Hodgkin's lymphoma is remanded. 

INTRODUCTION

The Veteran served on active duty from May 1959 to September 1970.

When this case was before the Board in January 2019, the above-noted issue was remanded for further development.  The case is again before the Board for additional appellate review.

REASONS FOR REMAND

While further delay is unfortunate, the Board finds additional development is required before the above-noted claim is decided.  A remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

As noted in the Board’s January 2019 remand, the Veteran most recently underwent a VA examination to assess his non-Hodgkin’s lymphoma in December 2015.  The Board also observed evidence of a potential worsening of the disability since the last VA examination, which was performed several years ago.  As such, the Board found a new examination was necessary to determine the current severity of the disability.  See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).

Following the Board’s remand, the RO scheduled the Veteran for VA examinations at the Orlando VAMC.  Thereafter, the Veteran contacted the VA call center to request that his examinations be scheduled at the Gainesville VAMC.  There is no indication the Veteran’s request was considered.  Based on the foregoing, the Board finds substantial compliance of the Board’s January 2019 remand instructions has not been achieved.  As such, the Board must again remand this matter.  

Accordingly, this case is REMANDED for the following actions:

Afford the Veteran a VA examination by an examiner with sufficient expertise to determine the current severity of his service-connected non-Hodgkin’s lymphoma.  If possible, this examination should take place at the Gainesville VAMC, near the Veteran’s home.  The electronic records should be made available to and reviewed by the examiner.  Ensure the examiner provides all information required for rating purposes.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Fraser, 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.