Citation Nr: 21072409
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-40 767
DATE: December 3, 2021

REMANDED

Entitlement to an initial compensable rating for residuals of lung cancer, to include scars, status post left upper lobectomy, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1963 to November 1967.  

This appeal comes before the Board of Veterans' Appeals (Board) from a June 2014 rating decision.  The Veteran testified at a Board hearing in March 2019.  

In January 2021, the Board remanded the Veteran's appeal and instructed the Agency of Original Jurisdiction (AOJ) to schedule the Veteran for a VA examination that includes pulmonary function testing (PFT).

The record reflects that, in October 2021, a VA examination request was cancelled by the Veteran.  10/21/2021, Exam Request.  Shortly thereafter, the AOJ issued a supplemental statement of the case (SSOC).  The SSOC indicates that the Veteran did not provide a reason for not reporting to the examination.  10/22/2021, SSOC.

The record further shows that, on the same date that the SSOC was issued, the AOJ contacted the Veteran, who explained that he canceled his examination with a 

VA contractor because he feared that he was being scammed.  The Veteran asked that the VA examination be rescheduled.  10/22/2021, VA 21-0820 Report of General Information.  A few days later, in November 2021, VA received a letter from the Veteran's recently appointed attorney, explaining that the Veteran mistakenly canceled his examination because he did not understand that he was being contacted by a VA contractor authorized to perform VA examinations.  

The attorney further indicated that the Veteran has some memory and confusion problems that caused this misunderstanding.  11/03/2021, Third Party Correspondence.

The Board finds that the Veteran has shown good cause for his failure to appear at the VA examination.  Accordingly, the appeal is remanded back to the AOJ.

The appeal is REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected respiratory disability.  The examiner is to provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  **The examination is to include pulmonary function testing (PFT).** 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. López, 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.