Citation Nr: A20007348 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 190715-19746 DATE: April 30, 2020 REMANDED Entitlement to service connection for left hip replacement is remanded. Entitlement to service connection for right knee disability is remanded. Entitlement to service connection for left knee disability is remanded. Entitlement to service connection for bilateral carpal tunnel syndrome is remanded. Entitlement to service connection for right foot disability is remanded. Entitlement to service connection for left foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1976 to February 1979. In July 2019, after issuance of a Statement of the Case in June 2019, the Veteran opted into the modernized review system as detailed in the Veterans Appeals Improvement and Modernization Act of 2017, Pub. L. No. 115-55 (2017) (hereinafter the “Appeals Modernization Act” (AMA)). 38 C.F.R. § 19.2(d). At that time, he requested a period of 90 days to submit additional evidence. 38 C.F.R. § 20.202. The Veteran is currently incarcerated. He was scheduled for a VA examination in February 2019, but the RO was notified that the Veteran would not be permitted to be transported to his examination. The duty to assist incarcerated veterans requires VA to tailor its assistance to meet the peculiar circumstances of confinement; as such, individuals are entitled to the same care and consideration given to their fellow non-incarcerated veterans. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). VA has special procedures for handling the scheduling of VA examinations for incarcerated veterans. See M21-1, III.iv.3.F.2.d. In the instance case, it is apparent that the Veteran cannot be transported to a VA facility for examination. However, there is no indication that the agency of original jurisdiction contacted the correctional facility to inquire whether their medical personnel could conduct the examination or whether a VA or fee-basis examiner could be sent to the correctional facility to conduct the examination. All avenues need to be exhausted and all steps taken to provide an examination must be documented. Accordingly, a remand is required. The Veteran has current diagnoses of left hip replacement, carpal tunnel syndrome, and chronic pain syndrome. During service he earned a parachute badge and injured his right wrist in April 1976. If an examination cannot be accomplished, opinions should be obtained without examination. The matters are REMANDED for the following action: 1. Attempt to have an examination of the Veteran performed to determine whether it is at least as likely as not (50 percent probability or greater) that any current bilateral carpal tunnel syndrome, left hip, bilateral knee and bilateral foot disabilities onset during service or are otherwise related to an in-service injury, event, or disease, to include an April 1976 right wrist injury and parachuting. A rationale for all opinions expressed is requested as the Board is precluded from making any medical findings. The Veteran is incarcerated. If it is still determined that transporting the Veteran to a VA facility would be a safety risk, the RO should contact the correctional facility to see if their medical personnel could conduct an examination according to VA examination work sheets, or if VA can send a VA or fee-basis examiner to the correctional facility to conduct the examinations. 2. If the RO is unable to afford the Veteran the examination due to his incarceration, all of the steps taken in attempting to do so should be documented in the file. 3. If it is determined that the Veteran cannot be examined, a medical opinion should be obtained based on a review of the record. 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.