Citation Nr: 21010887 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 13-31 342A DATE: February 26, 2021 REMANDED An initial rating in excess of 10 percent for lower pole thyroid hyperfunctioning adenoma is remanded. An initial compensable rating for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from July 2002 until November 2008. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. In September 2017 and October 2019, the Board remanded this appeal for additional development.   1. An initial rating in excess of 10 percent for lower pole thyroid hyperfunctioning adenoma is remanded. 2. An initial compensable rating for hypertension is remanded. In October 2019, the Board remanded these issues on appeal to determine the current nature and severity of the Veteran’s service-connected thyroid and hypertension disabilities. The record shows that the Veteran cancelled his examinations twice. In a December 2020 statement, the Veteran wrote that he was unable to attend his examinations for multiple reasons, and requested that the examination be conducted at a location closer to where he lives. In this regard, the record indicates that the examination was scheduled to be conducted at a different facility because the Veteran is an employee of the more nearby facility. The Board finds another effort should be made to determine whether the examination can be performed at the VA facility more convenient to the Veteran, even if he is an employee there. If that is not possible, the Veteran must be provided notice explaining why the examination cannot be performed at the more convenient facility, and a copy of that notice must be associated with the file. Adequate notice of the examination should be sent to the Veteran’s current address. In its October 2019 remand, the Board requested that documentation must be obtained showing that notice scheduling of the examinations were sent to the Veteran’s last known address. Such notice letters are not of record. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (Board remand confers a right on a claimant to compliance with the remand order); Dyment v. West, 13 Vet. App. 141, 147 (1999) (clarifying that substantial compliance with Board remand is required). Where the Board fails to ensure substantial compliance, remand is appropriate. Stegall, 11 Vet. App. at 271. Accordingly, the Board finds it necessary to remand these issues for the RO to complete its development. The Veteran is advised that it is his responsibility to report for all scheduled VA examinations and to cooperate in the development of his claims. See 38 C.F.R. § 3.655. On remand, the agency of original jurisdiction should reschedule the Veteran for the previously requested thyroid and hypertension examinations, provide him with adequate prior notice of the examination date and location (to be sent to his current mailing address of record), and allow him this opportunity to appear for an examination. A copy of the notice sent to the Veteran regarding this examination should be associated with the Veteran’s claims folder. The matters are REMANDED for the following action: 1. Obtain any recent outstanding VA treatment records for the Veteran and associate the records with the claims file. 2. Schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected lower pole thyroid hyperfunctioning adenoma disability. Appropriate efforts should be made to have the examination conducted at a VA facility more convenient to the Veteran, if possible. (See December 2020 VA Form 21-4138.) If not possible, the Veteran must be provided notice explaining why the examination cannot be performed at the more convenient facility, and a copy of that notice must be associated with the file. The claims folder should be provided to the VA examiner for review in conjunction with the examination. The examiner should report all signs and symptoms necessary for evaluating the Veteran’s hyperfunctioning thyroid adenoma under the rating criteria. A complete rationale must be provided for all opinions presented. 3. Schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected hypertension disability. Appropriate efforts should be made to have the examination conducted at a VA facility more convenient to the Veteran, as detailed in the preceding instruction. The claims folder should be provided to the VA examiner for review in conjunction with the examination. The examiner should report all signs and symptoms necessary for evaluating the Veteran’s hypertension under the rating criteria. A complete rationale must be provided for all opinions presented. 4. The Veteran should be specifically notified of his responsibility to report for a scheduled examination, as consequences for his failure to report for a VA examination without good cause may include, but not limited to, denial of the claim pursuant to 38 C.F.R. §3.655(b). If the Veteran does not report for the examination, documentation must be obtained that shows that notice scheduling the examinations were sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. J. Rutkin Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Buck Denton 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.