Citation Nr: 21041460 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 15-04 675 DATE: July 9, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for service-connected left wrist disability is remanded. Entitlement to an initial rating in excess of 10 percent for service-connected chronic left 2nd finger strain is remanded. Entitlement to an initial rating in excess of 10 percent for service-connected chronic left 3rd finger strain is remanded. Entitlement to an initial compensable rating for service-connected chronic left 4th finger strain is remanded. Entitlement to an initial compensable rating for service-connected chronic left 5th finger strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from November 1992 to May 1993, and from January 2012 and October 2012. This case comes before the Board of Veterans' Appeals (Board) on appeal from the February 2014 and March 2020 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board in November 2018, where they were remanded for further development. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Regrettably, another remand is necessary prior to readjudication of the claims. As noted above, in November 2018, the Board remanded the Veteran's claims to afford the Veteran new VA examinations for her left wrist and finger disabilities due to worsening symptoms since her last VA examinations given in May 2013. See BVA Decision, November 2018. In August 2019, VA sent the Veteran a development letter informing her that a private facility will soon advise her of the date, time, and place of the examinations. See Subsequent Development Letter, August 2019. Shortly thereafter, a review of the file reflects 5 "Exam Request" documents, dated on August 26, 2019, that reveal the VA examinations were cancelled due to the Veteran being unavailable. See Exam Requests, August 2019. Consequently, the RO denied the Veteran's claims for an increased evaluation. In June 2021, the Veteran's representative argued that there was no indication that the Veteran was ever contacted about the upcoming examination appointments, nor any documentation within the claims file stating otherwise. See Appellate Brief, June 2021. Therefore, requesting that the matters be remanded to afford the Veteran the opportunity to attend the VA examinations for her left wrist and finger disabilities, with noted documentation of contact made within the claims file. The Board agrees. The Board notes that generally when a Veteran fails to report to any scheduled examination in connection with a claim for an increased rating, without good cause, the claim shall be denied. See 38 C.F.R. § 3.655(a), (b). However, failure to receive notice of an examination can provide good cause for the failure to report. See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). After review of the file, the Board finds that there is no evidence the Veteran ever received notice of a scheduled VA examination, nor is there any mail that has been returned as undeliverable. In light of this, and affording the Veteran the benefit of the doubt, the Board concludes that another attempt, to include proper notification, should be made to schedule the Veteran for new VA examinations to assess the current severity of her left wrist and finger disabilities. Nevertheless, the Veteran is advised that VA's duty to assist in developing facts and evidence pertinent to the claim is not a one-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Therefore, it is also her responsibility to cooperate with VA, including with any efforts to provide an adequate medical examination. See Caffrey v. Brown, 6 Vet. App. 377, 383 (1994); Olson v. Principi, 3 Vet. App. 480, 483 (1992). In this instance, the Veteran must aid in the development of her claim by attending the scheduled VA examinations as requested. The matters are REMANDED for the following action: 1. Request the Veteran to identify all medical providers (VA and private) from whom she has received treatment for her left wrist and finger disabilities, and obtain any outstanding records and associate them with the Veteran's claims file. 2. After associating all newly acquired records with the claims file, schedule the Veteran for VA examinations by appropriate clinicians to assess the current severity of the Veteran's left wrist and finger disabilities. The entire claims file, including a copy of this remand, must be made available to the examiner, and note review of the record in the examination report. Any indicated tests or studies should be performed, and all relevant evidence should be discussed. All pertinent medical complaints, symptoms, and clinical findings must be reported in detail. Ensure a copy of the notification letter pertaining to the scheduled examinations, including notation of the date of mailing, is uploaded to the claims file. 3. Following complete review of the record, the examiner must complete the following: (a) Test the Veteran's active motion, passive motion, and pain with weight-bearing and non-weight-bearing, and if possible, with range of motion measurements of the opposite undamaged joint. The examiner should report (in degrees) the point at which pain is objectively recorded. (b) The examiner must also attempt to elicit information, based on all the evidence of record, regarding the severity, frequency, and duration of any flare-ups. (c) To the extent possible, the examiner should identify any symptoms and functional impairments due to the Veteran's left wrist and finger disabilities, and report or estimate functional loss in terms of the degree of additional loss of range of motion. If the examiner cannot express functional loss in this manner without resorting to speculation, he/she must explain the basis for his/her conclusion that a non-speculative opinion cannot be offered. The examiner must provide a complete rationale for any opinion given. Signature on the next page DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Hodges, 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.