Citation Nr: 20045167 Decision Date: 07/07/20 Archive Date: 07/07/20 DOCKET NO. 12-33 460A DATE: July 7, 2020 REMANDED Entitlement to nonservice-connected pension benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2001 to July 2005. This matter comes to the Board of Veterans’ Appeals (Board) from an August 2011 rating decision which, in pertinent part, denied entitlement to nonservice-connected pension benefits. In June 2016, the Veteran and F.M. testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing. A copy of the transcript is of record. In August 2016 and March 2019, the Board remanded the matter for further development, to include obtaining outstanding treatment records, information on the Veteran’s net worth and employment, and a VA examination. Entitlement to nonservice-connected pension benefits is remanded. Most recently, the Board remanded the matter in March 2019 to obtain outstanding treatment records, information on the Veteran’s net worth and employment, and a VA examination. A review of the record does not show that the RO requested the Veteran provide information on outstanding treatment records or provide information pertaining to his net worth and employment history as required by the Board’s March 2019 remand directives. Stegall v. West, 12 Vet. App. 238 (1999). Therefore, a remand is required. Additionally, although the record reflects that the Veteran failed to attend a January 2020 VA examination, the record does not show that the Veteran received notice of the scheduled examination. As the record does not reflect that the Veteran received proper notice of the scheduled examination, the Board finds that another attempt should be made to provide the Veteran with a VA pension examination to evaluate his nonservice-connected disabilities. The matter is REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records for the period from August 2018 to present. 2. Ask the Veteran to complete a VA Form 21-4142 to identify any additional treating providers related to his claim of unemployability due to nonservice-connected disorders. Make two requests for the authorized records from the identified providers, unless it is clear after the first request that a second request would be futile. 3. Ask the Veteran to provide information regarding his employment and income during the appeal period for nonservice-connected pension, as well as his net worth. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the nature, extent, and severity of his nonservice-connected disabilities, including any psychiatric disabilities, to include a determination as to whether those disabilities are permanent in nature. The Board notes that due to the COVID-19 pandemic, it may be difficult to schedule VA examinations. The Veteran should be afforded the opportunity to postpone his examination until such time as it can be scheduled. Alternatively, if appropriate, the RO may schedule a telemed examination or obtain a VA medical opinion(s) only. The examiner should identify the level of functional impairment associated with all such disabilities shown, and indicate whether they are permanent in nature, and if so, constitute sufficient impairment of mind or body to render it impossible for the average person to follow a substantially gainful occupation, and/or render the Veteran incapable of substantially gainful employment. The examiner should identify all examination findings, as well as provide a complete rationale for any opinions given. 5. Associate with the file any kind of documentation showing the Veteran was provided notice of the scheduled examination. 6. After completing the above, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). (Continued on next page)   An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Owen, 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.