Citation Nr: 22015795 Decision Date: 03/19/22 Archive Date: 03/19/22 DOCKET NO. 14-17 109 DATE: March 19, 2022 REMANDED Service connection for a right wrist disorder. Service connection for a left wrist disorder. REASONS FOR REMAND The Veteran served on active duty from April 1978 to April 1982. He also had a period of active duty for training from June 1976 to October 1976. The case is on appeal from August 2010 rating decision. Most recently, in a September 2021 decision, the board denied four service connection claims. At that time, the Board also remanded the wrist claims for additional development. 1. Service connection for a right wrist disorder. 2. Service connection for a left wrist disorder. Pursuant to the Board's September 2021 remand, the Veteran was to be scheduled for a new VA examination. Although an October 2021 record indicates that the Veteran "FAILED TO RSVP," see November 2021 CAPRI, which implies that an examination was scheduled, the record is lacking documentation that the Veteran was notified of the appointment date, time, and location. Moreover, there is no published guidance establishing the presumption of regularity in such a situation. See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). The Board notes that a September 2021 VA 21-2507a (Request for Physical Examination) pertaining to the wrists does not reflect the Veteran's mailing address. Under these circumstances, the Board is unable to presume that the Veteran was properly notified of an upcoming examination so as to permit the application of 38 C.F.R. § 3.655(b). As such, the Board finds that, in the interests of due process and fairness, the Veteran should be afforded an additional opportunity to undergo VA examination in connection with his appeal. On remand, the RO should ensure that notice of the scheduled appointment is sent to the Veteran and the Veteran's representative. The matters are REMANDED for the following action: 1. Schedule a VA examination of the Veteran to determine the nature and etiology of any right and left wrist disabilities. The examiner should review the claims file and note such review was conducted. Any studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should clarify all current right and left wrist diagnoses. The examiner should clarify whether the Veteran's diagnosed right ulnar deviation is orthopedic or neurological in nature. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any diagnosed wrist disabilities are etiologically related to service or any event, injury, or disease during service. The examiner must consider all lay statements, including the Veteran's reports that he has had wrist pain since service. All previous medical evidence must be addressed. The examiner must explicitly address any previously and currently diagnosed disabilities related to the wrists. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Taylor 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.