Citation Nr: 21075050 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 18-36 836 DATE: December 17, 2021 REMANDED Entitlement to a compensable rating for internal hemorrhoids is remanded. REASONS FOR REMAND The Veteran served in the United States Navy from June 1959 to July 1962 and from November 1962 to November 1964. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which continued the noncompensable rating for internal hemorrhoids. In June 2020, the case was remanded to the Agency of Original Jurisdiction (AOJ) for additional development. In April 2021, the case was remanded to the AOJ for additional development and has since returned to the Board. 1. Entitlement to a compensable rating for internal hemorrhoids is remanded. The record reflects that the Veteran is incarcerated in a state facility in Georgia for the foreseeable future. Although he is currently incarcerated, the U.S. Court of Appeals for Veterans Claims (Court) has held that an incarcerated veteran must be accorded the same assistance as his fellow law-abiding veterans. See Wood v. Derwinski, 1 Vet. App. 406 (1991); Bolton v. Brown, 8 Vet. App. 185 (2002). Although VA does not have the authority to require a correctional institution to release a veteran so that VA can provide him the necessary examination at a VA medical facility, VA's duty to assist an incarcerated veteran extends, if necessary, to (1) attempting to arrange transportation of the claimant to a VA facility for examination; (2) contacting the correctional facility and having their medical personnel conduct an examination according to VA examination work sheets; or (3) sending a VA or fee-basis examiner to the correctional facility to conduct the examination. See Bolton, 8 Vet. App. at 191. In June 2020, the Board remanded the matter to obtain outstanding records and to administer a VA examination. However, in various correspondences, the state facility indicated that, "per Mrs. C[], Administrative Assistant to the Warden" (name redacted for privacy), they cannot expend state funds for the Veteran's private benefit, and cannot grant entry to a third-party organization for in-person nor telehealth exams without a court order. See October 2020 Email Correspondence, October 2020 Exam Request, and March 2021 Exam Request. Numerous unsuccessful attempts were made to contact the state facility from November 2020 to December 2020. See December 2020 Exam Request. Moreover, in prior correspondences, the Veteran indicated that the state facility would not allow him to be transported to a different location for a VA examination. In April 2021, the Board remanded the matter for the RO to reach out to Mrs. C. to arrange for a VA examination. Three unsuccessful email attempts were made from June 2021 to August 2021. See June 2021 Correspondence, June 2021 Email Correspondence, and August 2021 Email Correspondence. In November 2021, the Veteran submitted correspondence noting that he was getting treated for his hemorrhoids and identified some relevant information pertaining to his claim. The Board finds that all reasonable efforts have been exhausted pursuant to Bolton. Considering that the Veteran's is incarcerated for the foreseeable future, the Board finds that the only option left is to have a VA examiner review the Veteran's files and statements on the record and to provide an opinion based on his or her review. The matters are REMANDED for the following action: 1. The AOJ should contact the Veteran and his representative and request their assistance in identifying any outstanding VA records or private records relevant to his internal hemorrhoids. The AOJ should make reasonable attempts to obtain and associate any outstanding evidence with the record. If necessary, have the AOJ schedule telephone call with the Veteran if more information is needed. 2. Thereafter, the AOJ should obtain a medical opinion based on the record. The VA examiner is asked to determine the current severity of the Veteran's internal hemorrhoids. The VA examiner is also advised that the Veteran is competent to report his symptoms noted in the various correspondences, including his reports as to the nature of his symptoms, must be taken into account, along with the other evidence of record, in formulating the requested opinions. In particular, the VA examiner should reference the November 2021 correspondence where the Veteran reported that his hemorrhoids were bleeding, distended out, and that it would sometimes burst. (Continued on the next page) The examiner should set forth all findings, along with the complete rationale for any conclusions reached. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Kim, 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.