Citation Nr: 20044331 Decision Date: 07/01/20 Archive Date: 07/01/20 DOCKET NO. 15-34 286 DATE: July 1, 2020 REMANDED Entitlement to service connection for a cervical spine disability, to include myositis and degenerative disc disease, is remanded. REASONS FOR REMAND The Veteran had active service from November 1971 to November 1973, from February 2000 to May 2000, and from March 2005 to June 2006 including service in Southwest Asia. The Veteran’s claim was denied in an April 2019 Board decision. The Veteran appealed the determination to the United States Court of Appeals for Veterans Claims (Court) and in a December 2019 Joint Motion for Partial Remand (JMR) the parties recommended that the decision to deny the claim be vacated and remanded to the Board. A January 2020 Court Order granted the JMR. In March 2020, the Veteran’s attorney representative requested that the Board delay adjudication of the claim through June 3, 2020. In a May 2020 letter, however, the attorney requested a further delay through July 31, 2020. The attorney stated that the purpose was “to obtain new evidence and present additional argument in support of the Veteran’s claim.” As will be discussed immediately below, however, the December 2019 JMR specifically ordered the Board to remand the claim for an additional VA medical opinion. The Veterans representative was a party to that JMR. In light of this clear directive, the Board fails to see how additional delay would serve any useful purpose, as following the new requested deadline the matter would still have to be remanded for the requested VA medical opinion. As this remand does not constitute a final decision on the claim, the Veteran and his attorney remain free to submit any additional evidence and argument they see fit. Entitlement to service connection for a cervical spine disability, to include myositis and degenerative disc disease As referenced above, the December 2019 JMR concluded that the August 2012 VA examination report relied on by the Board to deny the claim was inadequate and, “The parties, therefore, agree that remand is warranted to obtain a new VA opinion regarding whether [the Veteran’s] current degenerative disc disease is related to his in-service injury.” As such, the issue is remanded for the directed medical opinion. The matters are REMANDED for the following action: Obtain a medical opinion from an appropriate clinician regarding whether the Veteran’s degenerative disc disease of the cervical spine was at least as likely as incurred in or is otherwise related to his service, specifically to include the reported in-service head trauma when he hit his head on a truck door. If the examiner offers another possible etiology for the degenerative disc disease, it should be fully explained. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. J. Houbeck, 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.