Citation Nr: 21014907 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 15-01 919 DATE: March 16, 2021 REMANDED Entitlement to service connection for a cervical spine disability, to include as secondary to a service-connected left shoulder disability is remanded. Entitlement to service connection for a lumbar spine disability, to include as secondary to a service-connected left shoulder disability is remanded. Entitlement to service connection for chest pain with breathing problems is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from July 1972 to July 1975. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 Rating Decision by the Department of Veterans Affairs (RO) Regional Office (RO). In March 2019, the Board remanded the claims on appeal to obtain new VA examinations in accordance with McLendon v. Nicholson, 20 Vet. App. 79, 84 (2006). The RO again denied the Veteran's claim in December 2020 for failure to report to a February 20, 2020 scheduled examination without good cause. However, the Board acknowledges that on February 21, 2020, the Veteran called and rescheduled his March 12, 2020 and February 20, 2020 VA examinations. The Veteran stated that he missed the examinations due to transportation issues but would make the rescheduled examinations. Unfortunately, the Board must remand the issues again to provide the Veteran with VA examinations in accordance with the February 2019 Board decision. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board acknowledges that when a claimant, without good cause, fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be determined based on the evidence of record. See 38 C.F.R. § 3.655(b). The Veteran must be prepared to meet his obligations by cooperating with VA efforts to provide an adequate medical examination. See Olson v. Principi, 3 Vet. App. 480 (1992). However, the Board finds that the Veteran has shown good cause for his failure to report to the examination. The Veteran reported in February 2020 and February 2021 that he missed the examinations because he heard the facility where the test would take place had have a lot of people and he did not want to be exposed to COVID and he lack transportation. See February 2020 and February 2021 VA 21-0820 Report of General Information. The Board finds that the Veteran's concerns for his health, if exposed to COVID, and lack of transportation is good cause for failing to appear for an examination. Thus, with good cause shown, the Veteran should be afforded a newly scheduled examination. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the Veteran’s claims. If any requested records are unavailable, the Veteran should be notified to that effect. 2. Then, schedule the Veteran for a VA examination to explore the etiology of his claimed back and neck disorders. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. Please identify by medical diagnosis any back and neck disorder or disorders that are present. a. If any of the identified conditions are congenital or developmental, the examiner should determine whether there is clear and unmistakable evidence that it pre-existed service. b. If any of the identified neck or back conditions pre-existed service, the examiner should determine if there is clear and unmistakable evidence that it was NOT aggravated beyond the natural progression during service. c. If any of the identified neck or back conditions did not pre-exist service, for each diagnosis, the examiner should state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the identified back or neck condition began in service or is otherwise related to service. d. If it is determined that a diagnosed back or neck condition is not directly etiologically related to service, the examiner should state whether it is at least as likely as not that the diagnosed condition has been caused or aggravated beyond its normal course of progression by the Veteran’s service-connected left shoulder disability. 3.. Next, schedule the Veteran for a VA examination to explore the etiology of his claimed chest pain with shortness of breath. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. Please identify by medical diagnosis any disorder associated with the claimed symptomatology, to include chest pain. For each identified diagnosis, the examiner should state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service. If it is determined that a diagnosed condition is not directly etiologically related to service, the examiner should state whether it is at least as likely as not that the diagnosed condition has been caused or aggravated beyond its normal course of progression by the Veteran’s service-connected left shoulder disability, by any other service-connected disability, including posttraumatic stress disorder (PTSD), or by any back or neck disorder. 4.Review the opinions and any examination reports to ensure that it is in complete compliance with the remand directives. If the opinion or report is deficient in any manner, the AOJ must implement corrective procedures. Stegall v. West, 11 Vet. App. 268, 271 (1998). 5.After completing the requested actions and any additional notification and/or development deemed warranted, readjudicate the issues remaining on appeal. If any benefit sought on appeal is not granted, the Veteran and his representative must be furnished a supplemental statement of the case and afforded the appropriate time period for response. Katherine Kiemle Buckley Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E.Long-Ellis, 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.