Citation Nr: 21000617
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 15-34 965
DATE: January 5, 2021

REMANDED

Restoration of a 100 percent rating for stroke residuals, effective January 1, 2014, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to February 1979 and from May 1979 to October 1993. In May 2019, the Board of Veterans’ Appeals (Board) remanded for a new VA examination to assess the current severity of her service-connected stroke residuals. The Board finds that another remand is warranted. 

According to the August 2020 rating decision, the Veteran missed her mental health examination, originally scheduled for December 2019, because she was out of town. She requested a new appointment, and one was eventually scheduled for August 28, 2020. The rating decision suggests that she, without good cause, failed to report for the makeup examination. However, a note in the claims file indicates that she contacted VA to reschedule on August 20, 2020. See VAMC Other Outputs/Report. Instead of accommodating this request, the agency of original jurisdiction readjudicated her claim the same day.  

The record reflects that the Veteran requested a new appointment eight days before the August 2020 mental health examination. Her request was timely and reasonable; she did not fail to report for the examination “without good cause.” See 38 C.F.R. § 3.655 (listing consequences for failure to report for a VA examination). Another remand is necessary to ensure substantial compliance with the Board’s prior instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file.

The matter is REMANDED for the following action:

1. Schedule the Veteran for a VA mental health examination to assess the current severity of her service-connected stroke residuals. 

2. Readjudicate the Veteran’s appeal in a supplemental statement of the case. Allow the Veteran and her representative the opportunity to respond. Then return to the Board for further appellate review.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D.Z. Wall, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.