Citation Nr: 21025515 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 10-28 738 DATE: April 28, 2021 REMANDED Entitlement to service connection for a left lower extremity disorder, claimed as peripheral neuropathy, is remanded. Entitlement to service connection for a right lower extremity disorder, claimed as peripheral neuropathy, is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and schizophrenia, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from April 1972 to April 1975. These matters come to the Board of Veterans’ Appeals (Board) on appeal from April 2009 and April 2012 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2014, the Board denied the claims for service connection for peripheral neuropathy of the lower extremities and remanded the Veteran’s claim for service connection for an acquired psychiatric disorder in order to furnish the Veteran and his representative a statement of the case. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court), resulting in a Joint Motion for Remand (JMR) by the parties addressing the issues decided by the Board. A June 2015 Court Order remanded the matters for compliance with the instructions in the JMR. The parties to the JMR found that the Board erred in finding that an examination was not required. VA records diagnosing peripheral neuropathy predating the Board decision reflect the Veteran was diagnosed with and treated for peripheral neuropathy. However, these records were not in the claims folder at the time of the Board’s decision. A December 2015 Board remand directed that the RO schedule a videoconference hearing to address the issue of entitlement to service connection for a psychiatric disorder; obtain treatment records; and then schedule the Veteran for a VA peripheral neuropathy examination. The Board remanded the issues again in March 2017 after the Veteran failed to appear for his scheduled hearing and it was unclear whether the Veteran received notification of the hearing. The March 2017 remand directed that a new hearing be scheduled with respect to all the issues on appeal. Another Board remand was issued in July 2018 to obtain outstanding VA and private treatment records; obtain a VA examination to address any psychiatric disorder raised by the record; and for further development of the Veteran’s neuropathy claims, which the Board broadened to include arthritis and other lower extremity disorders. The Board found the Veteran waived his right to a new hearing after good cause was not shown for missing his hearing date. The Board noted the Veteran missed his neuropathy VA examination without good cause, but a new examination was warranted considering the claim had been broadened. Following the last remand, the RO sent the Veteran a subsequent development letter in February 2019 to request records from private medical providers. This correspondence was sent to an address in Florida and came back as returned mail in April 2019. Another development letter was sent to a California address in September 2019 and came back as returned mail later that month. In October 2019 the RO sent notification that it had requested an examination for the Veteran to a P.O. Box address in Florida. The Veteran did not appear for his VA examination. In April 2020, the RO sent additional subsequent development letters to request records from private medical providers. These were sent to the Florida P.O. Box address and one came back returned in May 2020. The RO issued a supplemental statement of the case in February 2021. Email correspondence from that time between the RO and an account manager with Logistics Health indicates Logistics Health made multiple attempts to contact the Veteran and left voicemails for him, but they had had no actual contact with him. They requested additional information about whether the Veteran was willing or available to be rescheduled for an examination. The RO attempted to contact the Veteran in February 2021 by phone to verify if he was willing to attend the VA examinations. Notes reflect the Veteran indicated he was on the train and could not talk and seemed agitated. He hung up before the RO could verify whether he was willing to attend the examinations. Considering the returned mail and that the RO was unable to verify the Veteran’s address and whether he was willing to attend the examinations, an additional remand is warranted to attempt to reschedule the VA examinations. The February 2021 report of contact was successful using the telephone number used by the VA employee. In view of the Veteran’s possible homeless status, lack of representation, recent telephone contact, receipt of SSA benefits, and treatment at the Miami VAMC, and providing the Veteran every opportunity to cooperate, the Board finds that one more attempt to provide medical examinations is warranted. The National Call Center for Homeless Veterans may be able to provide assistance and may be reached at (877) 4AID-VET (877-424-3838). The Veteran may also share this decision with his social worker if he has one or call or visit any VA Medical Center or Community Resource and Referral Center to seek assistance. 1. Entitlement to service connection for peripheral neuropathy of the right lower extremity 2. Entitlement to service connection for peripheral neuropathy of the left lower extremity 3. Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) and schizophrenia The matters are REMANDED for the following actions: 1. The RO should use all sources of information (Veterans Health Administration, Social Security Administration, Internal Revenue Service, or commercial internet search sites) to obtain and verify a current address and telephone number for the Veteran. The RO should document any attempts to obtain and verify the Veteran’s contact information. 2. If successful in obtaining the Veteran’s contact information, schedule the Veteran for VA examination(s) for his right and left lower extremity disorders, claimed as neuropathy, and any acquired psychiatric disorder, to include PTSD and schizophrenia. Each examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s conditions manifest in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinions below. The examiner is asked to provide responses to the following: Is the Veteran’s left lower extremity disorder, claimed as peripheral neuropathy, onset during or caused by service? Is the Veteran’s right lower extremity disorder, claimed as peripheral neuropathy, onset during or caused by service? Is the Veteran’s acquired psychiatric disorder, claimed as PTSD and schizophrenia, onset during or caused by service? Provide a rationale to support the opinions. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Vemulapalli, 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.