Citation Nr: 20037577 Decision Date: 06/02/20 Archive Date: 06/02/20 DOCKET NO. 17-62 070 DATE: June 2, 2020 REMANDED Entitlement to service connection for a cervical spine disability, to include as secondary to the service-connected lumbar spine disability, is remanded. REASONS FOR REMAND The Veteran had active service from June 1955 to August 1958. This matter returns to the Board following a December 2019 remand from the United States Court of Appeals for Veterans Claims (Court or CAVC). At that time, the Court granted a Joint Motion for Remand (JMR) in which the parties agreed that the Board’s March 2019 denial of service connection for a cervical spine disability failed to address whether the Veteran’s cervical spine condition was aggravated by his service-connected lumbar spine disorder. The March 2019 Board decision and December 2019 Court remand are incorporated herein by reference. Service connection for a cervical spine disability, to include as secondary to a service-connected lumbar spine disability The Veteran contends that his cervical spine was aggravated beyond its natural progression as a result of the service-connected degenerative disc disease (DDD) with intervertebral disc syndrome (IVDS) of his lumbar spine. The Board finds that a remand of this issue is necessary for further evidentiary development in consideration of this contention. While the Board’s previous decision relied on a May 2017 medical opinion which stated that the Veteran’s cervical spine condition was not caused by his lumbar DDD, the opinion, and, subsequently the Board’s decision, did not address whether his cervical spine condition warranted service connection based on a theory that it was aggravated beyond its natural progression by the service-connected DDD with IVDS of his lumbar spine. As such, a remand is necessary in order to obtain an additional medical opinion concerning this matter. Accordingly, this matter is REMANDED for the following action: Return the claims file, to include a copy of this remand, to the examiner who conducted the May 2017 VA examination, or another qualified examiner, to render an opinion on the etiology of the Veteran’s cervical spine condition. The examiner should review the claims file and indicate such on the examination report. The Veteran may be recalled for examination if deemed necessary. The examiner should address the nature and etiology of the Veteran’s cervical spine condition. Specifically, the examiner should opine as to whether it is at least as likely as not (50% probability or greater) that the service-connected DDD with IVDS of the Veteran’s lumbar spine aggravated his cervical spine condition beyond its natural progression such that the severity of his cervical spine condition could be considered secondary to his service-connected lumbar spine condition. A complete rationale for any opinion expressed must be provided. An examiner’s report that he or she cannot provide an opinion without resort to speculation is inadequate unless the examiner provides a rationale for that statement. As such, if the examiner is unable to offer an opinion, it is essential that the examiner provide a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided or whether the inability to provide the opinion is based on the limits of medical knowledge. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.E. Lee 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.