Citation Nr: 21025766 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 12-33 460A DATE: April 28, 2021 REMANDED Entitlement to nonservice-connected pension benefits. REASONS FOR REMAND The Veteran served on active duty from July 2001 to July 2005. This matter comes to the Board of Veterans’ Appeals (Board) from an August 2011 rating decision which, in pertinent part, denied entitlement to nonservice-connected pension benefits. In June 2016, the Veteran and F.M. testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing. A copy of the transcript is of record. In August 2016, March 2019, and July 2020, the Board remanded the claim on appeal for further development, to include obtaining outstanding treatment records, information on the Veteran’s net worth and employment, and a VA examination. Entitlement to nonservice-connected pension benefits is remanded. Most recently, the Board remanded the matter in July 2020 to obtain outstanding treatment records, information on the Veteran’s net worth and employment, and an appropriate examination. In July 2020, the RO requested the Veteran identify and provide authorization to obtain outstanding private treatment records. The RO also asked the Veteran to complete and return forms providing income and employment history. The Veteran did not respond to this request. In November 2020, the Veteran was afforded a general examination addressing his lumbar spine condition. However, the examiner did not address the Veteran’s psychiatric condition as requested by the Board’s July 2020 remand directives. Stegall v. West, 12 Vet. App. 238 (1999). In addition, the examiner concluded that the Veteran’s lumbar spine condition is permanently disabling, but then explained that the condition does not result in unemployability. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) (“[A]medical opinion... must support its conclusion with an analysis that the Board can consider and weigh against contrary opinions”) Therefore, a remand is required to provide the Veteran with a VA pension examination to evaluate his nonservice-connected disabilities. Additionally, the Veteran should be asked again to provide information pertaining to his net worth and employment history. The matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2020 to present. 2. Ask the Veteran to provide information regarding his employment and income during the appeal period for nonservice-connected pension, as well as his net worth. 3. Schedule the Veteran for an examination(s) by an appropriate clinician or clinicians to determine the nature, extent, and severity of his nonservice-connected disabilities, to include a lumbar spine disability and all diagnosed psychiatric disabilities. The Board notes that due to the COVID-19 pandemic, it may be difficult to schedule VA examination(s). The Veteran should be afforded the opportunity to postpone his examination(s) until such time as it can be scheduled. Alternatively, if appropriate, the RO may schedule a TeleMed examination(s) or obtain a VA medical opinion(s) only. The examiner(s) should identify the level of functional impairment associated with all such disabilities shown, and indicate whether they are permanent in nature, and if so, constitute sufficient impairment of mind or body to render it impossible for the average person to perform the physical and mental acts required by employment. The examiner(s) should identify all examination findings, as well as provide a complete rationale for any opinions given. 4. Associate with the file any kind of documentation showing the Veteran was provided notice of the scheduled examination(s). TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Jimerfield 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.