Citation Nr: 21002458
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 09-18 799A
DATE: January 13, 2021

REMANDED

Entitlement to an increased rating in excess of 30 percent for cervical spine degenerative disc disease (DDD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to April 1975, with service in Vietnam. He is a recipient of the Purple Heart Medal.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision by the Department of Veterans Affairs (VA). 

This issue was denied by the Board in July 2017 and July 2018 Board decisions. The Veteran appealed those decisions to the Court of Appeals for Veterans Claims (Court), which most recently partially vacated the July 2018 decision pursuant to a June 2019 Joint Motion for Remand (JMR). The issue of entitlement to a rating in excess of 30 percent was remanded by the Board in October 2019, April 2020, and July 2020; it has once again returned to the Board.

The Board remanded the issue of entitlement to service connection for a scalp disability in a separate April 2020 remand. The Board’s review of the claim file reveals that the Agency of Original Jurisdiction (AOJ) is still taking action on that issue. As such, the Board will not accept jurisdiction over it at this time, but it will be the subject of a subsequent Board decision, if otherwise in order.

Entitlement to an increased rating in excess of 30 percent for cervical spine DDD.

The Veteran’s representative has asserted twice that his symptoms worsened since the Veteran’s recent examination in February 2020. See July 2020 and November 2020 informal hearing presentations. Recent VA treatment records reflect the Veteran’s neck pain is “coming back,” which could indicate his disability worsened. See December 2020 VA treatment records. Thus, after resolving reasonable doubt in the Veteran’s favor, the Board will remand for a new VA examination. See Green v. Derwinski, 1 Vet. App. 121 (1991); see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matters are REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records from December 2020 to the present.

2. After the above development is completed, the AOJ should arrange for an examination of the Veteran to assess the current severity of his service-connected cervical spine DDD. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner should provide a full description of the disability and report all signs and symptoms associated with the Veteran’s disability.

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3. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Sandler, 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.