Citation Nr: 21071325 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 12-01 068 DATE: November 30, 2021 ORDER A rating in excess of 20 percent for lateral instability of the right knee is denied. A rating in excess of 10 percent for limitation of motion of the right knee is denied. Entitlement to individual unemployability (TDIU) prior to January 1, 2014 is denied. FINDING OF FACT The Veteran, without good cause, failed to appear and cancelled his scheduled VA examinations necessary to decide his claims for an increased rating for his right knee disabilities and TDIU. CONCLUSIONS OF LAW 1. The criteria for a rating in excess of 20 percent for right knee instability must be denied. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 3.655 (b). 2. The criteria for a rating in excess of 10 percent for right knee limitation of motion must be denied. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 3.655 (b). 3. The criteria for TDIU prior to January 1, 2014 must be denied. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 3.655 (b). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from December 1978 to December 2002. In December 2012, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. In July 2014, September 2016 and August 2020, the Board remanded the claim for further development. On April 2021, the Veteran requested that the VA examinations remanded by the Board be canceled. Subsequently, the RO issued a letter explaining to the Veteran that if he wishes to withdraw his claim it needed to be in writing. To this date, the record does not show that the Veteran has formally requested that his appeal be dismissed or any good cause for his failure to show up to the remanded examinations. Right knee limitation of motion, instability and TDIU The Veteran seeks individual ratings in excess of 10 and 20 percent for his service-connected right knee disabilities. Additionally, he seeks TDIU benefits prior to January 1, 2014. A claim for TDIU is a claim for an increased rating. See Dalton v. Nicholson, 21 Vet. App. 23, 31-32 (2007); see also Hurd v. West, 13 Vet. App. 449, 451-52 (2000); Norris v. West, 12 Vet. App. 413, 420 (1999). The Board finds that the Veteran's claims for increased ratings must be denied in light of his failure to appear at the scheduled VA examinations. When a claimant, without showing good cause, fails to report for an examination scheduled in conjunction with a claim for an increased rating, the claim shall be denied. See 38 C.F.R. § 3.655 (b). On April 2021, the RO tried to schedule the Veteran for his VA examinations in connection with his increased ratings claims but the Veteran without good cause requested that the examinations be cancelled. Subsequently, no statement has been submitted by the Veteran or on behalf of the Veteran arguing that good cause has been shown for the Veteran's failure to appear for the VA examinations. Therefore, the Board finds that good cause has not been shown for the Veteran's failure to appear for his VA examinations, and his claims for an increased rating for his right knee conditions and TDIU are denied as a matter of law. See 38 C.F.R. § 3.655 (b). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Alvarado- 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.