Citation Nr: 21040246 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 15-46 072 DATE: July 2, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from July 1973 to July 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in March 2019. At that time, the Board issued a remand for further development, to include obtaining VA examinations for the Veteran's bilateral hearing loss and right knee disability. Unfortunately, the Board finds another remand is necessary for the matters before the Board for further development. Specifically, the Board finds that the RO did not substantially comply with the prior Board remand issued in March 2019 that required VA examinations. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In March 2019, the Board remanded the claims to obtain VA examinations. While the record indicates that the RO scheduled the Veteran for VA examinations, the record notes that the VA examination was cancelled for failure to attend. The record does not provide that the Veteran was notified of the VA examinations. In October 2019, the VA notified the Veteran that he would be scheduled for the VA examinations and would be notified of the dates. The record does not provide any evidence that the Veteran was in fact notified of the scheduled VA examinations. Furthermore, the record does not provide when the VA examinations were scheduled. The record establishes that the VA examination requests were initiated in October 2019 in accordance with the prior Board remand. Then, the record states the Veteran failed to appear for the VA examinations. The Board finds that the RO's failure to notify the Veteran of the VA examinations does not comply with the prior Board remand directives. Given the importance of the examinations, and lack of evidence that the Veteran was properly notified of the examinations, the Board finds that another attempt to schedule the examinations should be made. See Stegall, 11 Vet. App. at 271. The matters are REMANDED for the following action: 1. The RO should schedule the Veteran for a VA examination for his bilateral hearing loss. The Veteran should be properly notified of the VA examination with all communications included in the claims file. The Veteran's claims file must be reviewed by the examiner in conjunction with the examination, and the examiner should acknowledge such review in the examination report. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. All pertinent symptomatology and findings should be reported in detail. The examiner is hereby notified that a February 2011 VA audiogram demonstrates current bilateral ear hearing loss, as defined by the VA. The examiner should offer an opinion addressing whether it is at least as likely as not (i.e., probability of 50 percent) that the Veteran's bilateral hearing loss had an onset during service, or is causally or etiologically due to service, to include the conceded in-service noise exposure. All opinions should be supported by a clear rationale, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 2. The RO should schedule the Veteran for a VA examination for the right knee disability. The Veteran should be properly notified of the VA examination with all communications included in the claims file. The Veteran's claims folder must be reviewed by the examiner in conjunction with the examination, and the examiner should acknowledge such review in the examination report. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. All pertinent symptomatology and findings should be reported in detail. The examiner should offer an opinion addressing whether the Veteran clearly and unmistakably (undebatable) had a pre-existing right knee injury prior to service. The examiner must discuss the Veteran's May 1975 separation examination showing right knee scars, and the Veteran's denial of knee lacerations in service and his statement that the scars arose from lacerations prior to service. If any right knee disorder is found to have clearly and unmistakably pre-existed service, does the evidence clearly and unmistakably show that it was not aggravated by the Veteran's active military service? If the examiner's opines that there is no clear and unmistakable evidence of any pre-existing right knee disability or no clear and unmistakable evidence that any pre-existing right knee disorder was not aggravated by service, the Veteran is presumed sound at service entrance, and the question becomes one of direct service connection. In this case, the examiner should offer an opinion addressing whether it is at least as likely as not (i.e. probability of 50 percent) that the Veteran's right knee disorder had an onset during service, or is causally or etiologically due to service, to include the in-service right knee injury. All opinions should be supported by a clear rationale, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. K. Anderson Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.