Citation Nr: 21012472 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 14-39 731 DATE: March 4, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. Entitlement to a disability rating in excess of 10 percent for sinus tarsi syndrome with left ankle nerve impingement is remanded. Entitlement to a disability rating in excess of 10 percent for chronic left ankle strain with loss of motion associated with sinus tarsi syndrome is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1995 to November 1999. This case comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana (LA). These matters were previously before the Board in May 2018, at which time it denied entitlement to service connection for a low back disability, and to higher evaluations for the Veteran’s left ankle disability. The Veteran appealed the decision to the Court of Appeals for Veterans’ Claims (Court). Pursuant to a Joint Motion for Remand (JMR), the Court in February 2019 vacated the Board’s decision denying the above-enumerated claims. In July 2019, the Board remanded the above issues for additional development, and these issues have since returned to the Board. 1. Entitlement to service connection for a low back disorder is remanded; entitlement to a disability rating in excess of 10 percent for sinus tarsi syndrome with left ankle nerve impingement is remanded; and entitlement to a disability rating in excess of 10 percent for chronic left ankle strain with loss of motion associated with sinus tarsi syndrome is remanded. When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination and a veteran, without good cause, fails to report for such examination, or reexamination, the claim shall be denied. 38 C.F.R. § 3.655(b). When a veteran fails to report for an examination scheduled in conjunction with a claim for increase, the claim the claim shall be rated based on the evidence of record. Id. There are exceptions where good cause is shown by the Veteran. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant and the death of an immediate family member. 38 C.F.R. § 3.655(a). In the instant case, the record shows that the VA attempted to schedule VA examinations for the above claims. However, according to a January 2020 exam request report, the Veteran cancelled the examination requests. In a March 2020 telephone call, the Veteran explained that he requested the VA examinations be cancelled as the location was too far for him to travel. The Veteran also noted that the other suggested locations were too far. Therefore, the Veteran agreed to have the C&P exam forms sent to the him, and he would have his private physician complete the forms. According to a March 6, 2020 letter, VA sent the C&P forms along with the C&P exam documents to the Veteran at an address in Marksville, LA. However, in the VA Form 21-0966 Intent to File submitted by the Veteran in December 2020, the Veteran submitted a different address in Marksville, LA other than the one used to submit the C&P forms in March 2020. The VA also used this address when it notified the Veteran that his appeal was returned to the Board in December 2020. Given the discrepancy in the Veteran’s address, administrative regularity is not presumed. See Khyn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). Therefore, the Board finds that a remand is necessary to ensure that the Veteran receives the C&P forms as well as to verify the Veteran’s mailing address. The matters are REMANDED for the following action: 1. The AOJ should take appropriate steps to verify the Veteran’s current mailing address, to include contacting his representative or any other appropriate entity. 2. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have records of treatment for a low back condition as well as his left ankle disabilities that are not associated with his electronic claims folder. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. 3. The AOJ should secure any outstanding, relevant VA medical records. 4. Then, send the appropriate C&P exam documents to the Veteran at the confirmed address so that the Veteran can have his medical provider complete the forms. A copy of the letter indicating enclosure of the C&P exam documents must be included in the claims file and must reflect that it was sent to the Veteran’s last known address of record. It must also be indicated whether any correspondence that was sent was returned as undeliverable. 5. After completing the above action, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the claims must be readjudicated. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. E. Grossman, 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.