Citation Nr: 21007460 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 12-30 587A DATE: February 9, 2021 REMANDED Entitlement to service connection for an irritable bowel condition is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1990 to January 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Pursuant to the April 2019 Board remand, the RO was to schedule the Veteran for a VA examination to determine the etiology of his irritable bowel condition. In December 2019, a regional office generated a request that an examination be scheduled. The Veteran was sent a letter stating that he would be notified of the date, time and place of the VA examination. A notice was then received by the VA, in January 2020, indicating that an examination was canceled due to a no-show. Significantly, there is no evidence of record that the Veteran received any notice of the date and time that he was scheduled to appear for the examination. The absence of evidence showing that the appellant was properly notified dictates that further development be undertaken. The Board finds that the RO did not substantially comply with the April 2019 remand directives, and that further remand is necessary to afford the Veteran another opportunity to attend a VA examination. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (a remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand). The matters are REMANDED for the following action: 1. Obtain any outstanding VA or private medical records regarding the Veteran’s irritable bowel condition, and associate them with the claims file. 2. Obtain an addendum opinion by a suitably qualified health care professional to determine the etiology of the Veteran’s irritable bowel condition. An examination of the Veteran should only be scheduled if the examiner determines one is necessary to obtain the requested opinions. The claims file, to include a copy of this remand must be made available to the examiner for review, and the examination report should reflect that such a review was accomplished. (a) The examiner is asked to provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that an irritable bowel condition manifested during service or is otherwise related to service. (b) The examiner is also asked to address treatment notes in the claims file that indicate genetics and/or narcotic medications are related to the Veteran’s irritable bowel condition. 3. Thereafter, readjudicate the issue on appeal. If the benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case and afford them an opportunity to respond. Then, return the record to the Board for further review. If an examination is scheduled, and the Veteran fails to report, then a copy of the examination notice letter must be associated with the appellant’s VBMS and virtual VA/legacy files. The law requires that all claims that are remanded by the Board of Veterans’ Appeals for additional development must be handled in an expeditious manner See 38U.S.C. §§5109B, 7112. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Nelson, 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.