Citation Nr: 21073543
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 16-24 935
DATE: December 9, 2021

REMANDED

Entitlement to service connection for left wrist pain and weakness, to include as due to service-connected low back disability, is remanded.

REASONS FOR REMAND

In 2018 the Board remanded the case for an examination and a nexus opinion. See 11/08/2018 BVA Decision. Correspondence in the claims file reflects that efforts were made to schedule an examination, but the Veteran was unable to report. The first time was because he reported that he received notice of the examination four days after the scheduled date, and he requested that it be rescheduled. See 02/27/2020 VA 21-0820. Per a Board letter, an examination was postponed due to COVID-19 concerns. See 07/16/2021 Correspondence. The ensuing scheduled examination was rescheduled because the Veteran reported he was too ill to attend, and the VA caller informed him that an examination would be scheduled closer to his area of residence. See 07/27/2021 VA 21-0820.

The last related document notes that the Veteran declined an in-person examination due to COVID-19 concerns, and that it would be rescheduled when possible. See 10/27/2021 Email Correspondence. There is no indication that another examination was scheduled or that the Veteran declined or refused to report. The next documentation is that the prior examination was cancelled, and the Agency of Original Jurisdiction (AOJ) continued the denial of the claim. See 10/28/2021 Exam Request; 11/05/2021 SSOC.

The Board finds insufficient information from which to conclude that the Veteran refused or was physically unable to report for a scheduled examination. Hence, at this time, the Board declines to decide the case on the basis of the evidence of record. 

The matters are REMANDED for the following action:

AOJ shall endeavor to arrange an examination of the Veteran to determine if the Veteran's left wrist disorder is causally related to his active service or a service-connected disability as set forth in the November 2018 remand.

If the Veteran is unable to report for an examination, that fact should be clearly supported and documented in the claims file before the case is returned to the Board.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. T. Snyder

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.