Citation Nr: 21064215 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 15-00 848 DATE: October 19, 2021 REMANDED Service connection for an upper back disorder. An initial rating higher than 10 percent for right knee strain. REASONS FOR REMAND The Veteran served on active duty from October 2005 to December 2009. The case is on appeal from an October 2011 rating decision. In May 2018, the Board remanded the case for additional development. At the time of the prior remand, the Veteran was represented by an attorney. In September 2018, the attorney withdrew representation. In a January 2019 letter, the RO notified the Veteran that he was unrepresented and provided the Veteran with information with respect to appointing another representative. The Veteran has not appointed a representative, and he is thus presently self-represented. 1. Service connection for an upper back disorder. 2. An initial rating higher than 10 percent for right knee strain. Pursuant to the Board's May 2018 remand, the Veteran was scheduled for VA back and right knee examinations in October 2019. Although the April 2020 supplemental statement of the case (SSOC) notes the Veteran failed to report for the examinations, the file does not contain a copy of any notice letter sent to the Veteran informing him of the time and place of the scheduled examinations. In addition, an April 2020 VA Memo noting he failed to report for a scheduled back examination and that an attempt to reschedule the examination was unsuccessful because his voicemail was not operating makes no reference to a right knee examination. In view of the foregoing, together with the Veteran's change of address close in time to the date of the scheduled examinations, and resolving doubt in the Veteran's favor, it appears that the Veteran did not receive proper notice of the scheduled VA examinations. Thus, the Veteran should be scheduled for new VA examinations and notified of the date and time of the scheduled examinations at his current address of record. In view of the remand, VA treatment records since the issuance of the April 2020 SSOC should be associated with the claims file. On remand, the Veteran will have an opportunity to appoint a representative if he so chooses. The matters are REMANDED for the following action: 1. Provide the Veteran with an opportunity to submit a VA Form 21-22/21-22a, Appointment of Veterans Service Organization/Appointment of Individual as Claimant's Representative. 2. Obtain VA treatment records since April 2020. 3. Schedule the Veteran for a VA compensation examination to determine the nature and severity of his service-connected right knee disorder. See 38 C.F.R. § 4.71a, Diagnostic Codes 5256-63. 4. Schedule the Veteran for a VA compensation examination to determine the nature and etiology of his back disability. The examiner should review the claims folder, and then respond to the following questions. (a). What back disabilities have been diagnosed since the Veteran's original service connection claim in May 2010? (b). Is it at least as likely as not (i.e., probability of 50 percent or greater) that any diagnosed back disability is related to an in-service disease, event, or injury? In answering (b), discuss the service treatment records noting complaints of back pain during service. (c). If the answer to (b) is negative, is it at least as likely as not that a back disability is due to or caused by service-connected right knee disability? (d). If the answers to (b) and (c) are negative, is it at least as likely as not that the back disability has been aggravated (i.e., worsened beyond the natural progress) by the service-connected right knee disability? Rationale for all opinions expressed should be provided. If the reviewing clinician is unable to provide the requested opinions without resort to speculation, it must be so stated, and he or she must provide the reasons why an opinion would require speculation. 5. Notify the Veteran that it is his responsibility to report for any examination and to cooperate in the development of the claims. The consequences for failure to report for a VA examination without good cause may include denial of the claims. See 38 C.F.R. § 3.655. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Taylor 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.