13-05 720, 13-05 720

Veteran served on active duty 1984–1992 and 2004–2005 and appeals a December 2009 RO rating decision denying a compensable disability rating for a service‑connected skin condition (boils/abscesses/furuncles/staph).
Board remanded in August 2013 for a VA skin examination to determine current severity; RO was directed to schedule the exam.
Veteran has been intermittently homeless; VA mailings (including the Board remand) were returned as undeliverable and Roosevelt’s May 2016 exam scheduling did not result in contact; the exam was cancelled for lack of confirmation.
Veteran notified VA of homelessness in March 2016 and requested scheduling in Sacramento; representative reiterated homelessness and asked for rescheduling in December 2016.
Board found good cause for the Veteran’s failure to attend the cancelled exam and ordered an additional remand requiring VA to (1) undertake contact development, document notification of date/time/location, (2) provide a VA skin exam with rationale and testing as needed, (3) notify the Veteran of his duty to cooperate and consequences of failure without good cause, and (4) readjudicate and issue an SSOC if the claim is not granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Veteran is entitled to an initial compensable rating for a service‑connected skin disability	Veteran seeks a compensable rating; contends inability to attend prior exam due to homelessness and requests appropriate exam scheduling	VA/RO relied on failure to attend scheduled exam and lack of contact to proceed; contends Veteran must cooperate with development	Remanded for further development and a new VA examination to assess severity; no final merits decision reached
Whether VA satisfied its duty to assist by scheduling and notifying the Veteran of the exam	Veteran (through rep) argues VA failed to use appropriate means to contact him given his homelessness and thus did not provide required development	VA argues it scheduled exams but the Veteran failed to confirm attendance; responsibility to cooperate rests with Veteran	Board found good cause for nonattendance based on homelessness and ordered VA to undertake appropriate contact development and document notice before rescheduling the exam

Wood v. Derwinski, 1 Vet. App. 190 (1991) (veteran’s duty to cooperate with VA development discussed)
Olson v. Principi, 3 Vet. App. 480 (1992) (veteran’s responsibility to cooperate in development)
Caffrey v. Brown, 6 Vet. App. 377 (1994) (same principle regarding cooperation)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (veteran may submit additional evidence during remand period)