Citation Nr: 20007653
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 07-10 808
DATE: January 30, 2020

REMANDED

Entitlement to service connection for a back disorder, to include as secondary to a service-connected left ankle condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to August 1970.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The issue on appeal was most recently considered by the Board in November 2016 wherein the Board denied the Veteran’s appeal for service connection for a back condition.  

The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). Thereafter, in June 2019, the Court vacated the Board’s decision, and remanded the case for further proceedings.

Entitlement to service connection for a back disorder, to include as secondary to a service-connected left ankle condition is remanded.

In April 2015, the Board remanded the appeal for a medical opinion, however, regrettably, as noted in the June 2019 Court decision, the wrong standard was used to determine whether the Veteran’s back was aggravated by his ankle condition. As such, a new VA opinion is necessary. 

The matters are REMANDED for the following action:

1. The claims file should be provided to the appropriate medical examiner in order to determine whether it is at least as likely as not that a back disability was (1) proximately due to his service-connected left ankle disability, or (2) aggravated (any incremental increase in beyond its normal progression) by his service-connected left ankle disability.

2. Then readjudicate the claim remaining on appeal. If the benefit sought is not granted in full, furnish the Veteran and his representative with a supplemental statement of the case and an opportunity to respond, and return the case to the Board.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Slovick, Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.