Citation Nr: 21000833 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 17-09 487 DATE: January 6, 2021 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran had active duty service from June 1970 to June 1973. This appeal comes to the Board of Veterans’ Appeals (Board) from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Board, among other actions, denied the issues currently on appeal. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In March 2019, the Court granted a Joint Motion for Partial Remand (JMPR), vacating the portion of the June 2018 Board decision that denied these issues. In July 2019 and July 2020, the Board remanded the Veteran’s case for additional development consistent with the parties’ agreements in the JMPR. The issues have now been returned to the Board for adjudication. 1. Entitlement to service connection for a left shoulder disability is remanded. 2. Entitlement to service connection for a cervical spine disability is remanded. 3. Entitlement to service connection for a lumbar spine disability is remanded. Although the Board regrets the additional delay, the Veteran’s claims must be remanded before the Board is able to make a determination on the merits. Specifically, the Board finds that additional supporting evidence is required in developing the Veteran’s claims. The Veteran asserts that he incurred disabilities of the neck, low back, and left shoulder due to injuries sustained in an in-service motorcycle accident. The Veteran’s service treatment records (STRs) indicate that the Veteran reported body pain following a motor vehicle accident in July 1971. He reported pain in the cervical, thoracic, and lumbar regions. The Veteran was afforded a VA examination for left shoulder, cervical spine, and lumbar spine disabilities in January 2020. The VA examiner provided unfavorable nexus opinions for all three disabilities. However, in the July 2020 remand, the Board concluded that these opinion were inadequate because the examiner did not discuss the Veteran’s reports of chronic symptoms since his in-service 1971 motor vehicle accident, as requested by the Board’s remand. Following the July 2020 remand, addendum opinions were provided in October 2020 in which the VA examiner provided, “There is no new or significant information in the records to change my opinions from January 8, 2020. Still not likely related in any ways to service.” The Board finds that the statement of the October 2020 VA examiner, which is essentially a reiteration of the earlier, inadequate opinion, does not equate to substantial compliance with the Board’s July 2020 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Therefore, the Board finds that a remand is required in order to obtain an addendum opinion which provides direct service connection opinions for the Veteran’s left shoulder, lumbar spine, and cervical spine disabilities and discusses the Veteran’s reports of chronic symptoms since his in-service 1971 accident and the STR reflecting body pain. Accordingly, the matters are REMANDED for the following action: 1. Request medical opinions from a suitably qualified examiner, other than the examiner who provided the January 2020 and October 2020 opinions, addressing the Veteran’s left shoulder disability, lumbar spine disability, and cervical spine disability. In-person examination is not required unless requested by the examiner. Based upon a review of the entirety of the claims file, the examiner is requested to provide an addendum opinion as to the following questions: (a.) The examiner must opine whether it is at least as likely as not (i.e. probability of 50 percent or greater) that any left shoulder, lumbar spine, or cervical spine disabilities were due to service or had their onset in service. (b.) Rationale must be provided for any opinion reached. In doing so, the examiner must discuss the Veteran’s reports of chronic symptoms since his in-service 1971 accident and the service treatment record reflecting body pain. (Continued on the next page)   Explanations for all opinions must be provided. The examiner is asked to cite to the pertinent evidence of record, including clinical records and the Veteran’s statements regarding his symptoms. SCOTT W. DALE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Bristor 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.