Citation Nr: 22046028
Decision Date: 08/15/22	Archive Date: 08/15/22

DOCKET NO. 16-35 992
DATE: August 15, 2022

REMANDED

Entitlement to a disability rating in excess of 20 percent for left upper extremity radiculopathy is remanded.

Entitlement to a disability rating in excess of 20 percent right lower extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Navy from December 1970 to March 1979 and from December 1990 to April 1991.

These matters are before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In an August 2021 decision, the Board remanded these matters for additional development, including VA examination to determine the current severity of the Veterans service-connected radiculopathy.

Pursuant to the remand, the Veteran was scheduled for VA examinations for neurological conditions in June 2022 in San Diego, California.  The examination provider indicated that the Veteran did not attend the scheduled examinations.  

However, in a February 2022 email correspondence, the Veteran had informed VA that he was stuck in the Philippines due to Covid-19 travel restrictions related to his age and poor health.  The Veteran also indicated that he was unable to obtain VA correspondences delivered to his San Diego, California address or use his U.S. cell phone service provider in the Philippines.  The Veteran requested hope for consideration from VA due to his predicament.

Considering the circumstances, the Board finds an attempt should be made to obtain the Veteran's updated or alternative mailing address.  The Veteran should also be provided another opportunity to attend a VA examination at an appropriate location.

The matters are REMANDED for the following action:

1. Take appropriate steps to identify the Veteran's current or alternative mailing address, including contacting the Veteran using email.

2. Obtain the Veteran's updated VA treatment records and associate them with the evidence of record.  If possible, the Veteran himself should submit these records (if any), and any other new treatment for this problem (private or VA) to expedite the case.  Any assistance on this issue would be appreciated.

3. Schedule the Veteran for an examination by an appropriate clinician to determine the current nature and severity of his service-connected radiculopathy of the right lower and left upper extremities.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

If the requested opinions cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training.

4. After completion of the aforementioned, the agency of original jurisdiction should readjudicate the issues on appeal.  If the benefits sought on appeal are not granted, then the AOJ should provide the Veteran with a supplemental statement of the case and afford him the appropriate opportunity to respond thereto. Thereafter, the case must be returned to the Board for further appellate review.

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. VanValkenburg

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.