Citation Nr: 22014902 Decision Date: 03/15/22 Archive Date: 03/15/22 DOCKET NO. 17-19 762 DATE: March 15, 2022 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1962 to September 1965. These matters come before the Board of Veterans' Appeals (Board) on appeal of an October 2014 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). In November 2021, the Veteran testified before the undersigned during a virtual Board hearing. A copy of the hearing transcript has been associated with the claims file. Service connection for back pain, neck pain, and a left knee condition were initially denied in an October 2013 rating decision. The Veteran submitted additional evidence in December 2013. As the additional evidence was received within one year of the initial denial, the October 2013 rating decision did not become final. 38 C.F.R. § 3.156 (b). Thus, contrary to the findings made by the RO, new and material evidence is not needed. The claims will be evaluated on a de novo basis. Please note that the case has been advanced on the docket pursuant to 38 C.F.R. § 20.900 (c) (2020). 1. Entitlement to service connection for a back disability is remanded. 2. Entitlement to service connection for a neck disability is remanded. 3. Entitlement to service connection for left knee disability is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2019). The Veteran asserts entitlement to service connection for back, neck, and left knee conditions. Specifically, the Veteran asserts that repeated parachute jumps in service caused his current disabilities. See November 2021 Hearing Transcript. A July VA Form 21-2507, Request for Physical Examination, notes that the Veteran failed to report for his scheduled VA examinations. In a December 2013 Statement in Support of Claim, the Veteran stated that he never received notice of his scheduled VA examinations. A review of the Veteran's claims file shows no record of any VA examination scheduling, nor any notification sent to the Veteran that VA examinations were going to be scheduled. The Board finds that the Veteran had sufficient good cause as to why he did not report for his VA examinations and, in light of the foregoing, finds it appropriate to schedule additional VA examinations that fully address the current manifestations and etiology of the Veteran's back, neck, and left knee conditions. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of any currently diagnosed back disability. The electronic file must be reviewed in conjunction with the examination. All testing deemed necessary must be conducted and the results reported in detail. The examiner is asked to identify all current back disabilities and state whether it is at least as likely as not (50 percent or greater probability) that it was incurred in service, or is otherwise related to service. Please explain why or why not. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran's reports, he or she must provide a reason for doing so. The examination report must include a complete rationale for the opinion provided. If the examiner cannot provide the requested opinion without resorting to speculation, (s)he should expressly indicate this and explain why an opinion cannot be provided without resorting to speculation. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of any currently diagnosed neck disability. The electronic file must be reviewed in conjunction with the examination. All testing deemed necessary must be conducted and the results reported in detail. The examiner is asked to identify any current neck disability and state whether it is at least as likely as not (50 percent or greater probability) that it was incurred in service, or is otherwise related to service. Please explain why or why not. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran's reports, he or she must provide a reason for doing so. The examination report must include a complete rationale for the opinion provided. If the examiner cannot provide the requested opinion without resorting to speculation, (s)he should expressly indicate this and explain why an opinion cannot be provided without resorting to speculation. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of any currently diagnosed left knee disability. The electronic file must be reviewed in conjunction with the examination. All testing deemed necessary must be conducted and the results reported in detail. The examiner is asked to identify all current left knee disabilities and state whether it is at least as likely as not (50 percent or greater probability) that it was incurred in service, or is otherwise related to service. Please explain why or why not. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran's reports, he or she must provide a reason for doing so. The examination report must include a complete rationale for the opinion provided. If the examiner cannot provide the requested opinion without resorting to speculation, (s)he should expressly indicate this and explain why an opinion cannot be provided without resorting to speculation. 4. Readjudicate the claims on appeal. If the benefits requested on appeal are not granted in full, the Veteran and his representative should be furnished a Supplemental Statement of the Case and provided an opportunity to respond thereto. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. C. Slaughter, 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.