Citation Nr: 21005036 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 15-00 775 DATE: January 28, 2021 REMANDED Entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy is remanded. REASONS FOR REMAND The Veteran had active service from October 2000 to September 2003. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy is remanded. In September 2018, the Board remanded the matter for additional development, to include obtaining a VA examination which assessed the current severity of the Veteran’s right upper extremity radiculopathy. In a September 2019 exam request, the requester noted that the Veteran was not available for a VA examination. An October 2019 exam request indicates that the Veteran had a work conflict. Another note indicates that the requester was directed to schedule the Veteran for an examination on a date that did not conflict with his work obligations. The request for an examination was ultimately canceled. The AOJ failed to comply with the Board's remand in this regard. See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a Board remand "confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders"). Therefore, the Board finds that a remand is necessary to afford the Veteran a VA examination which assesses the current severity of his right upper extremity radiculopathy. The Veteran is reminded that once he filed a claim, he was on notice that he should make himself available for any development of the claim. The Board emphasizes that the duty to assist and provide the Veteran with a VA examination is a two-way street. If appropriate, the Veteran may also provide a date (or range of dates) for which he is able to attend a VA examination. Any future failure to appear may result in the Board finding that there is no further duty to provide any more VA examinations relating to this claim. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to address the current severity of his right upper extremity radiculopathy. The Veteran’s electronic claims folder, including a copy of this remand, must be provided to the Veteran. Any necessary studies or testing should be performed and the results reported in detail. The examiner should obtain a detailed clinical history from the Veteran. All pertinent pathology found on examination should be noted in the report of the evaluation. For each nerve or radicular group affected, the examiner should indicate whether the neurologic deficit is best classified as paralysis, neuritis, or neuralgia, and indicate the severity of such in terms of mild, moderate, or severe. The examiner’s attention is directed to the Veteran’s statement that his radiculopathy causes moderate paralysis and that his “nerves are completely burned out.” See December 2014 VA Form 9; August 2014 Notice of Disagreement. **The Veteran is reminded that once he filed a claim, he was on notice that he should make himself available for any development of the claim. The Board emphasizes that the duty to assist and provide the Veteran with a VA examination is a two-way street. If appropriate, the Veteran may also provide a date (or range of dates) for which he is able to attend a VA examination. Any future failure to appear may result in the Board finding that there is no further duty to provide any more VA examinations relating to this claim. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).** Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Baskerville, LaRita 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.