Citation Nr: 21030681 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 16-31 590 DATE: May 19, 2021 REMANDED Entitlement to service connection for a right ankle condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from March 2001 to April 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision letter issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a right ankle condition is remanded. The Board remanded this matter in November 2018 for a VA examination. As noted in the November 2018 remand, the Board reiterates that the record reflects the Veteran's numerous complaints of right ankle injury in service. On her April 2013 original application for compensation, the Veteran stated that she slipped on steps on an aircraft carrier. In her June 2016 formal appeal to the Board, the Veteran stated that she received the injury when in a group exercise on the flight deck while in the military and it affected her the next day when she had to walk to breakfast on the skip and she saw medical that morning. As directed by the November 2018 remand, the Veteran was scheduled for a VA examination in August 2019. The Veteran failed to report for this examination. However, in September 2019, the RO requested another examination be scheduled, as the examination request noted an incorrect address and listed a telephone number to reach the Veteran. The record does not reflect that address verification was performed prior to a December 2019 examination scheduling request. Neither does the record reflect that an attempt was made to reach the Veteran by telephone to confirm the address and schedule examination. The Veteran was then scheduled for a January 2020 examination but failed to report to that examination. The RO issued a Supplemental Statement of the Case (SSOC) in June 2020 denying the claim. However, in June 2020, the SSOC was returned in the mail. The record reflects that address verification was then performed in July 2020, reflecting a different address from that listed in the prior examination requests. Notification of a completed request for change of direct deposit information was provided to the Veteran at the verified address in December 2020. In this case, entitlement to the benefit sought cannot be established without a VA examination. When a claimant, without good cause, fails to report for such examination, the claim shall be rated based on the evidence of record. 38 C.F.R. § 3.655(b). Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc. Id. Here, the Board finds that good cause has been demonstrated for the Veteran's failure to report to the August 2019 and January 2020 examinations. First, the Board notes that the examination requests were not based on the Veteran's verified address. Second, the Board notes that the record is absent of evidencing written notification being provided to the Veteran at any address or that verbal communication was made to Veteran at any telephone number. The record reflets that address verification was not performed until after the June 2020 SSOC issued. Reasonable efforts should be made to provide the Veteran with a VA examination. Thus, an additional opportunity should be extended to the Veteran to report to examination. The Board further notes that the duty to assist is not a one-way street and the Veteran has the responsibility to substantiate her claim. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Lastly, the Board notes that the record reflects that the Veteran may have sought Social Security Administration (SSA) benefits in September 2016. As such, remand is appropriate to undertake development to obtain any SSA records. The matter is REMANDED for the following action: 1. Obtain any outstanding treatment records and associate those records with the claims file. 38 C.F.R. § 3.159. 2. Obtain and associate all records pertaining to the Veteran concerning a claim for disability benefits from the SSA. 3. After the above development is complete, schedule the Veteran for a VA examination to determine the nature and etiology of any right ankle disability. Written correspondence of the scheduled VA examination and any corresponding verbal communication should be notated in the record. The entire record is to be reviewed by the examiner in conjunction with the examination. The examiner should respond to the following: A. Please identify (by diagnosis) any right ankle disorder, to include any disorders/symptoms resulting in functional impairment. B. Please identify the likely cause of each right ankle disorder diagnosed. Specifically, is it at least as likely as not (probability of fifty percent or greater) that any such disorder began in (or is otherwise related to) the Veteran's military service? The examiner is asked to directly address the Veteran's right ankle in-service complaints and treatment, medical records, and lay statements. The examination report should include the complete rationale for all opinions expressed. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Q. Alli, 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.