Citation Nr: 21000496 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 16-63 665 DATE: January 5, 2021 REMANDED Entitlement to an evaluation in excess of 30 percent for acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) is remanded. Entitlement to an initial compensable evaluation for traumatic brain injury (TBI) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2004 to November 2005, with periods of active duty for training from July 2002 to November 2002 and August 2011 to December 2011. He testified before the undersigned Veterans Law Judge at a June 2019 Travel Board hearing. The Board remanded the matters to the Agency of Original Jurisdiction (AOJ) in October 2019. They have been returned to the Board. 1. Entitlement to an evaluation in excess of 30 percent for acquired psychiatric disorder to include PTSD is remanded. 2. Entitlement to an initial compensable evaluation for TBI is remanded. The Board directed remand in order to afford the Veteran examinations to determine the current level of severity of his psychiatric disorder and TBI. The Veteran failed to report for the VA examinations that were scheduled. See December 2019 Exam Scheduling Request Contention Cancellations showing he was ‘unavailable’ for TBI and psychiatric examinations. The August 2020 Supplemental Statement of the Case (SSOC) indicated the claims were denied, noting he failed to report for the examinations without good cause. In September 2020, the Veteran sent a letter to the Board indicating that he found the August 2020 SSOC very troubling since he had been awaiting the scheduling of examinations for these claims. He reported that he did indeed get a call from a VA examining contractor the day before the November 2019 exams were to take place, but he told them he could not attend because he could not get off work and they were to take place several hours away. He thought the contractor sent his claims back to VA for him to be scheduled at a more convenient time and location, presumedly a VA facility near him. He stated that he would like to report for examination as to each of these claims but would like the VA to reach out to him and schedule an appointment with sufficient notice. He would like to have two weeks notice to inform his employer, and he would prefer to go to VA to get his examination. Here, we note that the Veteran reported at his June 2019 hearing that he was currently working for his brother-in-law helping out around the office, sometimes measuring houses or doing data entry. Under these circumstances, the Board will accord the Veteran the benefit of the doubt and find that good cause for failure to report for the examinations has been shown and that remand for another opportunity to report is appropriate. This is a remand to fulfill VA’s duty to assist. However, the duty to assist is not a one-way street; a claimant cannot stand idle and fail to cooperate. Wood v. Derwinski, 1 Board. App. 190 (1991). Failure to report to any scheduled examination(s), without good cause, may result in denial of this claim. See   38 C.F.R. § 3.655 (b). We also note that these are specialist examinations that are being ordered, thus they may or may not be available at the facility closest to the Veteran. The matters are REMANDED for the following action: Schedule the Veteran for VA examinations to determine the current level of severity of his psychiatric disorder and TBI. Any indicated studies should be performed, and the examination report should comply with all protocols for rating psychiatric disorders and TBIs. A complete rationale for any opinion offered must be provided. The examiner(s) should consider the previous VA examinations, the Veteran’s lay statements, and any other relevant medical records. Specific to the Veteran’s psychiatric disorder, please consider the Veteran’s assertion at his June 2019 Board hearing that he has previously been told by a mental health provider that he effectively masks the severity of his symptoms upon psychiatric examination. VA should, to the extent possible, work with the Veteran to schedule the examination at a time and place that allows him to ask off from work in a reasonable manner so that his employment is not jeopardized. The Veteran is hereby advised that failure to report to any scheduled examination, without good cause, may result in denial of his claim. See 38 C.F.R. § 3.655 (b). Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant and death of an immediate family member. If the Veteran fails to report to the scheduled examination, the AOJ should obtain and associate with the claims file any copies of correspondence (mail or telephone) referencing the date and time of the examination preferably, any notices of examination sent to him by the pertinent medical facility. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. RIPPEL 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.