Citation Nr: 22067167 Decision Date: 12/02/22 Archive Date: 12/02/22 DOCKET NO. 18-53 245A DATE: December 2, 2022 REMANDED Service connection for a cervical spinal disability is remanded. A rating in excess of 20 percent for diabetes mellitus type II (DM II) with associated cataracts and erectile dysfunction is remanded. A rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. A rating in excess of 10 percent for residuals of a traumatic brain injury (TBI) with associated headaches is remanded. A compensable rating for a head scar is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran honorably served in the Army from November 1967 to November 1969 and was awarded a Purple Heart for wounds received in combat. These matters were appealed to the Board of Veterans' Appeals (Board) from November 2015 and March 2017 rating decisions. The Veteran attended a January 2022 Board hearing before the undersigned Veterans Law Judge (VLJ) and a transcript of those proceedings are of record. These matters were remanded by a June 2022 Board decision to afford the Veteran the opportunity to be examined in connection with these claims. A Veteran Contact History form indicates that the Veteran was notified of his scheduled VA examinations by courier on September 26, 2022. This form also documents that the Veteran attempted to contact LHI on September 29, 2022, the day of his scheduled VA examinations, to reschedule. A subsequent contact from the Veteran's attorney notes that the Veteran got the date and times of his multiple VA examinations mixed up and requested that they be rescheduled with assurances that the Veteran would attend the rescheduled examinations. Consequently, VA examinations should be rescheduled in compliance with the Board's prior remand directives. In doing so, all attempts to contact the Veteran and inform him of the scheduled examinations should be documented in the record. Nevertheless, the Veteran is reminded that the duty to assist is a two-way street. If the Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Failure to attend the rescheduled VA examinations may result in his claims being decided based on the evidence of record or being denied outright in the case of his increased rating claims. The matters are REMANDED for the following action: 1. Obtain outstanding VA treatment records from September 2022 through the present. 2. Afford the Veteran an appropriate VA examination to determine the current nature and severity of his service-connected DM II with any residuals determined to include any eye disability to include cataracts and erectile dysfunction. The record, to include a copy of this Remand, must be made available to the examiner, and all required tests and studies to rate these disabilities under the applicable diagnostic codes should be accomplished. 3. Afford the Veteran an appropriate VA examination with a mental health professional to determine the current nature and severity of his service-connected PTSD. The record, to include a copy of this Remand, must be made available to the examiner, and all required tests and studies to rate this disability under the applicable diagnostic code should be accomplished. 4. Afford the Veteran an appropriate VA examination to determine the current nature and severity of the residuals of his TBI. The record, to include a copy of this Remand, must be made available to the examiner, and all required tests and studies to rate this disability under the applicable diagnostic code should be accomplished. 5. In conjunction with the TBI examination, or separately if appropriate, please afford the Veteran a VA examination to determine the current nature and severity of his headaches. The record, to include a copy of this Remand, must be made available to the examiner, and all required tests and studies to rate this disability under the applicable diagnostic code should be accomplished. 6. Afford the Veteran an appropriate VA examination to determine the current nature and severity of his head scar. The record, to include a copy of this Remand, must be made available to the examiner, and all required tests and studies to rate this disability under the applicable diagnostic code should be accomplished. 7. Schedule the Veteran for a VA examination with an appropriate clinician to determine the nature and etiology of his cervical spine disability. The examiner must address the following: Whether any diagnosed cervical spine disabilities are related to the Veteran's active service. Why or why not? This opinion must reflect review and consideration of the Veteran's April 2018 DRO hearing testimony describing the in-service fall down a cargo hatch after a mortar struck his tank that he claims has resulted in continuous neck pain. The examiner is informed that a positive opinion indicating a nexus to service does not require certainty. Rather, if the weight of the evidence is in approximate balance for and against a nexus to service, the examiner should make a determination favorable to the Veteran. The examiner must provide a rationale with citation to medical principles and resources for all opinions proffered. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kyle McKone 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.