Citation Nr: 21076645 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 15-06 692 DATE: December 27, 2021 REMANDED Service connection for a right elbow condition is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1957 to July 1959. These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2019, the Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding has been associated with the claims file. In May 2021, the Board remanded the Veteran's claim for further development, including obtaining treatment records and scheduling an examination. In May 2021, VA send the Veteran a development letter requesting that the Veteran submit authorizations to allow VA to request from outside providers the medical records identified in the May 2021 Board remand. It does not appear from the record that the Veteran responded to this request. It appears from the record that an examination request was submitted on June 15, 2021, and then cancelled on June 30, 2021 by the Veteran. No reason was provided other than request for cancellation. In August 2021, the Veteran's representative submitted a brief explaining that the Veteran is 84 years old and in the most vulnerable population for Covid-19. The representative asserts this is good cause for the Veteran asking to cancel his VA examination and requested an extension of time to file the requested authorizations. First, the Board notes that it identifies no errors on the part of the RO and appreciates the RO's efforts to comply with the Board's prior remand directives. However, the Board finds good cause has been show based on the unprecedented circumstances surrounding the Covid-19 pandemic and the Veteran being among the population of persons most vulnerable to the disease. Therefore, the Board is affording the Veteran one additional opportunity to complete the RO's requests pursuant to the Board's prior remand. The Board requests that the RO make all reasonable efforts to accommodate the Veteran in accordance with current VA policies and regulations dealing with Covid-19. Based on the above, a remand is required. The matters are REMANDED for the following action: 1. Obtain all updated records (i.e., those not already of record) of VA and adequately identified private treatment the Veteran has received for the disabilities remaining on appeal. Obtain authorization from the Veteran regarding 1960s private orthopedic treatment. All information obtained must be made part of the file. All attempts to obtain this evidence must be documented in the claims file and if, after making reasonable efforts to acquire these records, they are not able to be obtained, provide the required notice and opportunity to respond to the Veteran and his representative. 2. After the above development, schedule the Veteran for an examination by an appropriate clinician (or telehealth interview, review of the record, etc., if an in-person examination is not feasible), and obtain an addendum opinion to determine the nature and cause of the right elbow condition. Based on a review of the record, the examiner must respond to the following: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the right elbow condition had onset in, or is otherwise related to, active service. (b.) The examiner must specifically address the following: 1) October 1958 letter regarding in-service injury; 2) Veteran's statements that pain continued after service, including statements made at the April 2019 Board hearing; and 3) any relevant private treatment records added as a result of this remand. [CONTINUED ON NEXT PAGE] All opinions must include a detailed explanation (rationale). (By law, the Board may not rely on any conclusion that is unsupported by a thorough explanation. Providing an opinion or conclusion without a detailed explanation will delay processing of the claim and may require further clarification). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Williams, 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.