Citation Nr: 20047567
Decision Date: 07/16/20	Archive Date: 07/16/20

DOCKET NO. 15-07 885
DATE: July 16, 2020

ORDER

Entitlement to a disability rating in excess of 30 percent for limitation of extension of the left knee with degenerative joint disease is denied.

Entitlement to a disability rating in excess of 10 percent for left knee laxity is denied.

FINDINGS OF FACT

The Veteran, without good cause, failed to appear at his scheduled VA examinations, which were necessary to decide his claims for an increased disability rating for limitation of extension of the left knee with degenerative joint disease and left knee laxity.

CONCLUSIONS OF LAW

1. The criteria for entitlement to a disability rating in excess of 30 percent for service-connected limitation of extension of the left knee with degenerative joint disease have not been met.  38 U.S.C. § 1155; 38 C.F.R. § 3.655(b). 

2. The criteria for entitlement to a disability rating in excess of 10 percent for service-connected left knee laxity have not been met.  38 U.S.C. § 1155; 38 C.F.R. § 3.655(b). 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from April 1967 to February 1969.

This matter comes before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  These issues were previously remanded by the Board in January 2019 and have since been returned for further adjudication.

When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination, or reexamination, action shall be taken in accordance with paragraph 3.655(b) or (c) as appropriate.  38 C.F.R. § 3.655(a).  When a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record.  However, when the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied.  38 C.F.R. § 3.655(b).  Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, or death of an immediate family member.  38 C.F.R. § 3.655(a).

The Board previously remanded these issues in January 2019 for new VA examinations.  The Veteran failed to report to the VA examinations, which were schedule in March and November 2019.  The Veteran provided good cause for his inability to attend the March 2019 VA examination due to flooding.  As such, he was rescheduled for a VA examination in November 2019.  The Veteran has not provided any reason for his failure to report for this VA examination.  That is, there has been no showing of good cause.    

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As the Veteran failed to report for scheduled examinations that were necessary to establish entitlement to increased ratings without any explanation or other indication of good cause shown, the claims for increased ratings for limitation of extension of the left knee with degenerative joint disease and left knee laxity are denied.  38 C.F.R. § 3.655(b)

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Hofmeister, Attorney Advisor

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.