Citation Nr: 18154932
Decision Date: 12/04/18	Archive Date: 11/30/18

DOCKET NO. 09-35 198
DATE:	December 4, 2018
REMANDED
Entitlement to service connection for a cervical spine disability is remanded.
Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from October 1962 to October 1966.  
These matters come before the Board of Veteran’s Appeals (Board) on appeal from October 2008 and July 2010 rating decisions by the Regional Office (RO). 
1.  Entitlement to service connection for a cervical spine disability
2.  Entitlement to a TDIU
The Veteran claims that he has a cervical spine disability secondary to his service-connected residuals of a right ankle strain or service-connected lumbosacral strain.  See Claim, August 2009; Hearing transcript at p.14-16; CAVC records, received May 2018 at p.1 (JMR).  He has asserted that his right ankle disability affects his posture.  See Hearing transcript at p.14.
The Veteran has reported a history of neck pain since around 1981 or 1984.  See VA examination report, August 2015; Board hearing transcript at p.14.
A May 2018 Order of the Court of Appeals for Veterans Claims granted a joint motion by the parties to vacate a prior December 2016 Board decision that denied the Veteran’s claims, and to remand these matters to the Board.  The parties noted in their joint motion that the August 2015 and November 2015 VA examiner’s rationale was not adequate regarding whether the Veteran’s cervical condition was aggravated by his service-connected right ankle disability.  The examiner’s opinion that there was no anatomical or physiological nexus between an ankle and cervical spine disorder because there was no history of neck trauma was found to be inadequate.  The parties further noted that the VA examiner did not address whether the Veteran’s cervical spine condition was caused or aggravated by his recently service-connected lumbosacral disability.
Therefore, the Board finds that the cervical spine claim should be remanded so that a new VA medical opinion may be obtained to address, with an adequate supporting rationale, whether the Veteran’s cervical spine condition was caused or aggravated by his service-connected right ankle and lumbosacral disabilities.  
The Board defers decision on the TDIU matter as intertwined with the claim for service connection for a cervical spine disability.  See CAVC records, received May 2018 at p.2 (JMR).
The matters are REMANDED for the following action:
1.  Obtain a VA medical opinion based on a review of the entire claims file, including this remand, to clarify whether it is “at least as likely as not” (50 percent or greater probability) that the Veteran’s cervical spine condition was caused or aggravated by a) his service-connected residuals of a right ankle sprain, or b) his service-connected lumbosacral disability.  An examination is necessary if required by the examiner to form an opinion.  
Any opinion must be accompanied by a complete rationale.    

 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Juliano, Counsel