Citation Nr: 18161247
Decision Date: 12/31/18	Archive Date: 12/31/18

DOCKET NO. 12-30 497
DATE:	December 31, 2018

REMANDED

Entitlement to service connection for degenerative joint disease (DJD) of the cervical spine is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Marine Corps from June 1976 to May 1980. 

In a June 2017 decision, the Board of Veterans’ Appeals (Board) denied the Veteran’s claim to service connection for DJD of the cervical spine. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (CAVC). 

In a May 2018 CAVC decision, the Court vacated and remanded the June 2017 Board decision. Although further delay is regrettable, this matter is remanded for re-adjudication consistent with the CAVC decision. 

1. Entitlement to service connection for degenerative joint disease (DJD) of the cervical spine is remanded.

The Veteran contends that he is entitled to service connection for DJD of the cervical spine. The June 2017 Board decision denied service connection in part because of a December 2016 VA examination which found the Veteran’s DJD of the cervical spine to not be more than likely caused by or related to his service. The examiner explained that he came to his decision because there was no in-service neck injury. However, the Veteran sought medical treatment in December 1978 for upper back pain, specifically when tilting his head back. The Veteran was diagnosed with a muscle strain and mild inflammation of his trapezius muscle. A September 2010 VA examiner concluded that this injury was more likely than not the cause or start of the Veteran’s service connected DJD of the thoracolumbar spine. 

Accordingly, a new examination is needed to reconcile the differing VA examinations specifically because CAVC concluded that the December 2016 VA examination was based upon an inaccurate factual premise.   

The matter is REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of degenerative joint disease of the cervical spine.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including a strain and mild inflammation of the Veteran’s trapezius muscle.  The examiner should discuss the in-service trapezius strain and neck pain in rendering this opinion.

2. Readjudicate the appeal. 

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This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112 (2012).

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	S. N. Fournier, Law Clerk