Citation Nr: 21073299
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 16-46 039
DATE: December 8, 2021

REMANDED

Entitlement to service connection for a right hand disability is remanded.

Entitlement to nonservice-connected pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1973 to September 1985. 

These matters come to the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision which denied service connection for a right hand disability and nonservice-connected pension benefits. 

In an August 2016 VA Form 9 (Appeal to Board of Veterans' Appeals), the Veteran requested a Board videoconference hearing on the matters.  A hearing was scheduled in October 2021 and the Veteran was notified by letter in September 2021.  The Veteran failed to appear for the October 2021 hearing and has not presented good cause for failing to do so or requested to have the hearing rescheduled.  Accordingly, the Veteran's request for a Board hearing is deemed withdrawn.  38 C.F.R. § 20.704(d).

 

1. Entitlement to service connection for a right hand disability is remanded.

2. Entitlement to nonservice-connected pension benefits is remanded.

VA attempted to obtain the Veteran's service treatment records.  However, the National Personnel Records Center (NPRC) indicated that the Veteran's file contained only dental records.  In December 2013, VA notified the Veteran of the unavailability of his service treatment records.  

The Board notes that while VA attempted to obtain the Veteran's service treatment records, VA did not attempt to obtain the Veteran's service personnel records, nor are these records associated with the Veteran's claims file.  Service personnel records may contain information relevant to the Veteran's claim of service connection for a right hand disability, and in light of the unavailability of his service treatment records, the Board finds that a remand is warranted to obtain these records.  

Finally, in November 2013, VA scheduled an examination to assess the Veteran's disabilities; however, the Veteran failed to attend his examination.  Upon review, the Board notes that the record does not contain a notification letter informing the Veteran of the scheduled examination.  As it is unclear whether the Veteran received notice of the scheduled examination, the Board finds that a remand is warranted for an additional attempt to afford the Veteran an examination. 

The Board emphasizes that the duty to assist is a two-way street and the Veteran cannot wait passively in those situations where his assistance to VA is necessary. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). 

The matters are REMANDED for the following actions:

1. Obtain the Veteran's complete service personnel records.

2. Obtain the Veteran's VA treatment records from November 2009 to present.

3. Schedule the Veteran for an examination(s) by an appropriate clinician(s) regarding the current severity of his nonservice-connected disabilities.  The examiner should review the evidence of record.  

The examiner should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of disabilities on employment.  The examiner should identify all limitations or functional impairment caused his disabilities. 

4. After completing the above, and any other development as may be indicated, the Veteran's claims should be readjudicated based on the entirety of the evidence.  If the claims remain denied, the Veteran should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Owen, 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.