Citation Nr: A25035100 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 240915-473313 DATE: April 16, 2025 ORDER A disability rating higher than 10 percent for residuals of mononucleosis is denied. FINDING OF FACT The Veteran has not submitted evidence of good cause for his failure to report for a February 2024 VA examination to evaluate his service connected residuals of mononucleosis.?? CONCLUSION OF LAW The criteria a disability rating higher than 10 percent for residuals of mononucleosis have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R.§§ 4.117 Diagnostic Code 7799-7722. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in active duty July 1999 to August 2003. This appeal comes from a May 2024 Appeals Modernization Act (AMA) rating decision. See VA Form 10182?AMA?Notice of Disagreement (Direct?Review Lane) received September 2024. Therefore, the Board may only consider the evidence of record at the time of the?AMA?decision on appeal.? 38 C.F.R. § 20.301. Entitlement to a disability rating higher than 10 percent residuals of mononucleosis. Under?38?C.F.R. §?3.655?(a), when entitlement to a benefit cannot be established without?a current VA?examination?or reexamination, and a claimant,?without good cause, fails?to?report?for such?examination?or reexamination, action shall be taken in accordance with?38?C.F.R. §?3.655?(b) or (c) as appropriate.? Examples of?good cause include, but are not limited to, the illness or hospitalization of the claimant, and death of an immediate family member.? See?38?C.F.R. §?3.655.?? 38?C.F.R. §?3.655(b) provides that when a claimant?fails?to?report?for an examination scheduled in conjunction with a claim for increase, "the claim shall be?denied."? A claim for a higher?initial?rating is an "original compensation claim" and not a "claim for increase" for purposes of?38?C.F.R. §?3.655?(b).? See?Turk?v. Peake,?21?Vet. App.?565, 570?(2008).??? In February 2024 the Agency of Original Jurisdiction (AOJ) received notification that the Veteran failed to report to the examination scheduled for February 2024.? Documentation in the claims file shows that the Veteran declined to participate and cancelled the February 2024 VA examination.?? The current claim for increased rating for a disability rating higher than 10 percent for residuals of mononucleosis is not an original compensation claim but is, instead, a claim for increase.? With respect to the increased rating claim, the February 2024 VA examination was necessary to evaluate the Veteran's assertion that a higher disability rating was warranted and to determine the current level of severity of the service-connected residuals of mononucleosis.? The Veteran failed to report, without good cause, for the scheduled VA examination in conjunction with the increased rating claim.?? As such, the criteria for a denial based on the application of 38?C.F.R. §?3.655 have been met regarding the claim for an increased evaluation for the service-connected residuals of mononucleosis.? The use?of?the word "shall" in?38?C.F.R. §?3.655?(b) leaves no discretion in this matter.? Based?on the foregoing, the claim for?an increased rating for residuals of mononucleosis must be denied.? 38?C.F.R. §?3.655; Sabonis?v. Brown, 6?Vet. App. 426, 430?(1994).? Therefore, the appeal for entitlement to a disability rating higher than 10 percent for residuals of mononucleosis is denied. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Azizi, T. 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.