Citation Nr: 21001264 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 14-04 469 DATE: January 7, 2021 REMANDED Entitlement to service connection for a psychiatric disability, to include major depressive disorder and bipolar disorder, is remanded. Entitlement to service connection for a right wrist disability, to include carpal tunnel syndrome, is remanded. Entitlement to an initial rating higher than 10 percent for left knee arthritis is remanded. Entitlement to an initial rating higher than 10 percent for gastroesophageal reflux disease (GERD) with gastropathy is remanded. REASONS FOR REMAND The Veteran had active service from December 1976 to August 1977. The Veteran appeared at an August 2018 hearing before the undersigned Veterans Law Judge at the Chicago, Illinois, Regional Office. The hearing transcript is of record. 1. Entitlement to service connection for a psychiatric disability is remanded. 2. Entitlement to service connection for a right wrist disability is remanded. 3. Entitlement to an initial rating higher than 10 percent for left knee arthritis is remanded. 4. Entitlement to an initial rating higher than 10 percent for gastroesophageal reflux disease (GERD) with gastropathy is remanded. In October 2019, the Board remanded the issues for the issuance of a letter, requesting that the Veteran be asked to complete a form to allow for the acquisition of private treatment records, and for the scheduling of VA examinations. In October 2019, the Agency of Original Jurisdiction (AOJ) sent the Veteran a letter requesting that he complete a form to allow for the acquisition of private treatment records. This letter was returned to the AOJ in November 2019 as undeliverable and unforwardable. In December 2019, the AOJ obtained a different mailing address for the Veteran from the Social Security Administration and then mailed the Veteran a new copy of the October 2019 letter. In January 2020, the AOJ sent the Veteran a letter informing the Veteran that he was to be scheduled for a VA examination in connection with the claim. That letter was returned to the AOJ in February 2020 by as undeliverable and unforwardable. Subsequently, the AOJ indicated that the Veteran failed to report to scheduled VA examinations. A VA form 27-0820e, Report of Incarceration, shows that the Veteran was incarcerated from August 17, 2019, to January 24, 2020. The evidence suggests that the Veteran has had difficulty receiving the mailed notices because of that incarceration. An October 2020 letter indicates that the AOJ discovered a new address for the Veteran. The record contains no indication that the AOJ has attempted to provide the Veteran the requested letter or notice of the requested VA examinations at his new mailing address. A remand is necessary to ensure that reasonable efforts have been made to provide the Veteran with the notice letter and VA examinations requested in the October 2019 Board remand. While understanding that the Veteran has been in a period of transition, the Board reminds the Veteran that it is his responsibility to keep VA informed of his current contact information. VA’s duty to assist is not a one-way street; if a veteran wants help, he cannot passively wait for it in those circumstances where his own actions are essential in obtaining evidence. Wood v. Derwinski, 1 Vet. App. 190 (1991); Hayes v. Brown, 5 Vet. App. 60 (1993). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated him for any psychiatric and right wrist disabilities, and service-connected left knee and gastrointestinal disabilities. Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for a VA psychiatric examination to assist in determining the nature and etiology of any psychiatric disability and any relationship to the service-connected disabilities. The examiner must review the record, including the February 2014 VA psychological treatment record, and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a.) Diagnose all psychiatric disabilities found. (b.) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified psychiatric disability had its onset during active service or is related to any incident of service, including documented right thumb trauma. (c.) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified psychiatric disability is due to or caused by a right thumb disability, a gastrointestinal disability, and the other service-connected disabilities. Reconcile that finding with the previous opinions of record. (d.) Opine whether it at least as likely as not (50 percent probability or greater) that any identified psychiatric disability has been aggravated (increased in severity beyond the natural progress of the disorder) by a right thumb disability, a gastrointestinal disability, and the other service-connected disabilities. Reconcile that finding with the previous opinions of record. 3. Schedule the Veteran for a VA wrist examination, conducted by a medical doctor who has not previously examined the Veteran, to assist in determining the nature and etiology of the diagnosed right carpal tunnel syndrome and any relationship to the service-connected disabilities. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a.) Confirm that the examiner is a medical doctor who has not previously examined the Veteran in conjunction with this claim. (b.) Diagnose all right wrist disabilities, including carpal tunnel syndrome, found. (c.) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified right wrist disability, to include carpal tunnel syndrome, had its onset during active service or is related to any incident of service, including documented right thumb trauma. (d.) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified right wrist disability, to include carpal tunnel syndrome, is due to or caused by a right thumb disability and the other service-connected disabilities. (e.) Opine whether it at least as likely as not (50 percent probability or greater) that any identified any identified right wrist disability, to include carpal tunnel syndrome, has been aggravated (increased in severity beyond the natural progress of the disorder) by a right thumb disability and the other service-connected disabilities. 4. Schedule the Veteran for a VA knee examination to assist in determining the current nature and severity of service-connected left knee arthritis. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a.) Provide ranges of motion for weight-bearing and nonweight-bearing and passive and active motion of both knees. The examiner should state whether there is any additional loss of left knee function due to painful motion, weakened motion, excess motion, fatigability, incoordination, or on flare up. (b.) The examiner should state whether there is any recurrent subluxation or lateral instability of the left knee, and if so, should opine as to the severity. (c.) Specifically address the impact of the left knee disability on the Veteran's vocational pursuits. 5. Schedule the Veteran for a VA gastrointestinal examination to ascertain the current severity of service-connected GERD with gastropathy. The examiner must review the record and should note that review in the report. The examiner should address the impact of the gastrointestinal disability on the Veteran’s vocational pursuits. A rationale for all opinions should be provided. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Layton, 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.