Citation Nr: 23050596 Decision Date: 09/12/23 Archive Date: 09/12/23 DOCKET NO. 06-27 356 DATE: September 12, 2023 REMANDED An increased disability rating in excess of 40 percent for degenerative disc disease of the lumbar spine is remanded. An initial disability rating in excess of 10 percent for right lower extremity radiculopathy is remanded. An initial disability rating in excess of 10 percent for left lower extremity radiculopathy is remanded. For the period from July 1, 2007 to May 10, 2010, a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had served on active duty from April 1999 to April 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2005 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in October 2022, where the Board remanded the issues on appeal for new VA examinations. 1. An Increased Rating in Excess of 40 Percent for the Back Disability is Remanded. 2. An Initial Rating in Excess of 10 Percent for Right Lower Extremity Radiculopathy is Remanded. 3. An Initial Rating in Excess of 10 Percent for Left Lower Extremity Radiculopathy is Remanded. 4. For the period from July 1, 2007 to May 10, 2010, a TDIU is Remanded. This matter was previously remanded in October 2022 to afford the Veteran with a VA examination to determine the current severity of the service-connected back and radiculopathy disabilities. The Veteran was last examined in October 2011, more than 10 years ago. As information came to light that the Veteran had been incarcerated since October 2018, the Board undertook efforts to satisfy the duty to assist for cases involving an incarcerated veteran. The Veteran was later released from prison in August 2020. Attempts were made to schedule the Veteran for a VA examination, such as sending notices to the Veteran's fiduciary and the representative. See February 2021 Exam Request. In a March 2021 statement, the Veteran reported that he was currently staying at a hotel. In a December 2021 statement, the Veteran reported that he was unable to attend the scheduled examinations because he did not have transportation and that he was also in the hospital. Subsequently, the October 2022 Board remand directives asked the Agency of Original Jurisdiction (AOJ) to verify the Veteran's current address and thereafter schedule the VA examination. A July 2023 Report of General Information reflects the Veteran himself confirmed he currently lives at a Monks Corner, South Carolina address (which is the same address of record for Social Security Administration purposes). In this case, however, it appears as though the VA examination notice was sent to a Charleston, South Carolina, Post Office address, which seems to be the address of the Veteran's fiduciary. As such, while the Veteran did not appear to the recently scheduled March 2023 VA examination, the Veteran has specifically reported that he did not receive notice of the March 2023 examination. The evidence of record also indicates that notice of the March 2023 scheduled examination was not sent to the recently confirmed Monks Corner, South Carolina address. The Veteran himself has specifically requested a new VA examination. See November 2022 Report of General Information. On remand, the RO should schedule a new VA examination and send any notice letters to the proper address - including specifically the Monks Corner, South Carolina address - and ensure that the Veteran has received proper notice of development in this case. The matters are REMANDED for the following action: 1. Send a copy of any VA examination notice letters and/or evidence generated by VA to the Veteran's recently confirmed address - a Monks Corner, South Carolina address. See July 2023 Report of General Information (reflecting the Veteran himself confirmed he was living at a Monks, Corner, South Carolina address). 2. Schedule the Veteran for an examination to assess the current severity of the degenerative disc disease of the lumbar spine and bilateral lower extremity radiculopathy. Send notice of the scheduled examination to the Veteran's Monks Corner, South Carolina address. J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Tenney, Ashleigh 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.