Citation Nr: A21019082 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 191023-41201 DATE: November 30, 2021 REMANDED Entitlement to a rating in excess of 10 percent disabling for cervical strain is remanded. Entitlement to a rating in excess of 10 percent disabling for back strain is remanded. Entitlement to service connection for dermatitis is remanded. Entitlement to service connection for asthma is remanded. Entitlement to service connection for fibromyalgia is remanded. Entitlement to service connection for sleep disorder is remanded. Entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. Entitlement to service connection for left lower extremity sciatica is remanded. Entitlement to service connection for right lower extremity sciatica is remanded. Entitlement to service connection for left upper extremity carpal tunnel syndrome is remanded. Entitlement to service connection for right upper extremity carpal tunnel syndrome is remanded. Entitlement to service connection for left shoulder condition, also claimed as sensory neuropathy is remanded. Entitlement to service connection for right shoulder condition, also claimed as sensory neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1997 to October 2001 and from April 2015 to March 2016. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2019 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran preserved her appeal by filing an October 2019 Decision Review Request in which she elected Evidence Submission Review of her claim by a Veterans Law Judge. Therefore, the Board will consider the additional evidence associated with the record within 90 days of the October 2019 Request. The Veteran also submitted an October 2019 Form 9 electing to have a videoconference hearing. However, the form was submitted prior to the issuance of a Statement of the Case. Therefore, the filing of the Form 9 was invalid and did not preserve the appeal. However, the October 2019 Decision Review Request was properly and timely filed; therefore, the adjudication of the claims on appeal will proceed under the Appeals Management Act (ACA) review system. The Veteran was scheduled to attend VA examinations but failed to report. She submitted several statements in the record indicating that the was not available for the examinations because she was on Army orders in Florida during work for FEMA. See April 2019 Report of General Information; September 2019 Report of General Information; October 2019 Notice of Disagreement. In addition, the Veteran also stated that she did not receive notification of the appointment for a VA examination. However, the Veteran's claims were denied in a July 2019 rating decision in part due to the failure to report the examinations. When entitlement to a benefit cannot be established without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination or reexamination, an original claim for compensation is to be decided based on the evidence of record. 38 C.F.R. § 3.655(b). When a claimant fails to report for an examination scheduled in conjunction with any other original claim or a claim for increase, the claim shall be denied. Id. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, or death of an immediate family member. 38 C.F.R. § 3.655(a). In this case, the Veteran has provided good cause for failing to report to the VA examinations. Therefore, remand is required to provide the Veteran another opportunity to complete the examinations. Notification must be provided to the Veteran for the schedule appointment. These matters are REMANDED for the following action: 1. Obtain any outstanding medical treatment records related the claims on appeal, if any. 2. Then, reschedule the Veteran for VA examinations and notify her in writing that it is her responsibility to report to any schedule examinations and to cooperate in the development of her claims, and that the consequences for failure to report for a VA examination without good cause may include denial of the claims. 38 C.F.R. §§ 3.158, 3.655. If the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address, as determined by the above-required development. It must also be indicated whether any notice that was sent was returned as undeliverable. (a.) Schedule the Veteran for an examination by an appropriate examiner to determine the current level of severity of the Veteran's service-connected cervical strain and lumbar strain, the examiner is asked to assess the current level of severity of the Veteran's disabilities. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the applicable rating criteria. The examiner must determine whether there was pain on weight-bearing and non-weight bearing and record any evidence of pain on range of motion. If there was pain on range of motion, the examiner must provide the degree in which pain began, pursuant to Correia. Also provide information concerning the frequency, duration, characteristics, severity, or functional loss with any repetitive use or during any flare-ups, pursuant to Sharp. The examiner must attempt to solicit information from the Veteran concerning the frequency, duration, characteristics, severity, or functional loss with any repetitive use or during any flare-ups. Repetitive use testing must be completed by the Veteran and the results of that testing reflected in the examination report. (b.) For the service connection claims, the examiner is asked to consider the evidence of record including the Veteran's lay statements and determine whether the disability is at least as likely as not (50 percent probability or greater) incurred in or caused by the Veteran's military service. The examiner should also provide an opinion as to whether any disability was caused or aggravated by a service-connected disability. An individual rationale must be provided for each claimed disability. A complete copy of the Veteran's claim file, including a copy of this remand and newly obtained medical records, must be provided to the examiner for review. The examiner is asked review the file and included in the report detailed findings the about the severity level of the Veteran's disabilities. The examiner must complete the disability benefits questionnaire in its entirety. If the examiner cannot provide the requested opinion without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation. The examiner must indicate whether there was any further need for information or testing necessary to make a determination. 3. Thereafter, readjudicate the claims on appeal. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Harris, Attorney Advisor 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.