Citation Nr: 21002649
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 17-20 416
DATE: January 14, 2021

REMANDED

Entitlement to service connection for a back disorder due to ionizing radiation or as secondary to left ankle disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from July 1948 to July 1951 and from July 1951 to August 1953.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon.  

In May 2020, the Board remanded the claim to obtain an addendum VA medical opinion regarding the nature and etiology of the Veteran’s left ankle disorder.  Upon remand, in September 2020, the RO granted service connection for left ankle dislocation status post reduction with osteoarthritis.

Entitlement to service connection for a back disorder due to ionizing radiation or as secondary to left ankle disorder.

The Veteran contends that his back disorder is due to ionizing radiation or secondary to service-connected left ankle disorder.

The Board sincerely regrets the further delay but finds that a remand is necessary in this appeal to afford the Veteran every possible consideration.  The record reveals evidence supportive of a back disability, to include spinal stenosis in the lumbar region.  Additionally, the Veteran has asserted secondary service-connection due to his left ankle disability.  However, the record does not reveal that the Veteran has been provided an examination with opinion determining whether his back disorder is secondary to his left ankle disorder.  The Board notes that the Veteran was granted service connection for left ankle disability in a September 2020 rating decision.  However, a secondary opinion has not been obtained in connection with the back disability claim.  As such, the duty to assist attaches to this appeal and a remand for examination is required before the claim for service connection for a back disability can be adjudicated by the Board.

 Accordingly, the matter is REMANDED for the following action:

1. Obtain updated VA treatment records.

2. Thereafter, schedule the Veteran for an examination with an appropriate clinician to determine the nature and etiology of his back disorder.  The examiner should confirm any back diagnoses and then opine on the following:

a)	What are the Veteran’s back disorders?

b)	Is it at least as likely as not (50 percent or greater probability) that any diagnosed back disorder was proximately due to his service-connected left ankle disorder?

 

c)	Is it at least as likely as not (50 percent or greater probability) that any back disorder was aggravated by his service-connected left ankle disorder? 

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Wilson, Associate 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.