Citation Nr: 20041649 Decision Date: 06/18/20 Archive Date: 06/18/20 DOCKET NO. 14-34 277 DATE: June 18, 2020 REMANDED Entitlement to service connection for headaches is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 2009 to August 2012. This case was most recently before the Board in May 2018 when it was remanded for additional development. Unfortunately, there has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The claim must be remanded again because the record does not show that the Veteran was notified of a VA examination ordered on remand. The record shows that an examination was initiated for September 2019. The Compensation and Pension Exam Inquiry shows that the Veteran failed to “RSVP.” See April 2020 C&P Exam. However, it is unclear as to whether the Veteran was provided notice of the scheduled VA examination. See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). Therefore, the Board finds that the Veteran should be afforded another opportunity to appear for a VA examination in connection with his claim, and if he does not report, the file should be properly documented regarding notice of the appointment. The Board reminds the Veteran that the duty to assist is not always a one-way street, and that he has an obligation to actively participate, to include attending scheduled VA examinations. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). He is expected to cooperate in the efforts to adjudicate the claim, and his failure to do so would subject him to the risk of an adverse adjudication based on an incomplete and underdeveloped record. Id.; see also 38 C.F.R. § 3.655. In addition, current treatment records should be identified and obtained before a decision is made with regard to the remaining issues on appeal. The matter is REMANDED for the following actions: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. After completing the above development, obtain an addendum opinion from an appropriate clinician regarding the likely etiology of any diagnosed headache disorder. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled. Based on the examination results and the review of the record, the examiner must answer the following: is it at least as likely as not (50 percent or better probability) that any currently present headaches are etiologically related to the Veteran’s active service. Why or why not? In answering this question, the examiner must specifically consider the April 2012 (in service) complaint of chronic headaches. The rationale for all opinions expressed must be provided. 3. Notify the Veteran that it is his responsibility to report for the scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655. In the event that the Veteran does not report for a scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. 4. Confirm that the VA examination report and all medical opinions provided comport with this remand and undertake any other development determined to be warranted. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Jones Council, 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.