Citation Nr: 21003499 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 14-15 078 DATE: January 21, 2021 REMANDED Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND Having reviewed the record, the Board finds that further remand is necessary. The Board previously remanded these claims in September 2020 for addendum medical opinions regarding the Veteran’s neck and back conditions. For the reasons explained below, the Board finds its remand instructions have not been complied with. Stegall v. West, 11 Vet. App. 268 (1998). 1. Entitlement to service connection for a neck disability is remanded. A preliminary review of the evidence of record indicates that the Board’s remand instructions regarding the Veteran’s neck condition have not been complied with. Specifically, in September 2020, the Board remanded for an addendum medical opinion to address, among other questions, whether it was at least as likely as not that the Veteran’s congenital scoliosis defect was subjected to a superimposed back injury during active service that resulted in additional disability. An addendum medical opinion was prepared in September 2020. The examiner’s response indicated that it was less likely than not that the Veteran’s scoliosis would have contributed to his back problems during active service. However, the Board’s remand instruction sought an opinion on whether the Veteran’s scoliosis defect was aggravated by a superimposed injury; not whether the scoliosis aggravated another injury. Additionally, the Board’s instructions included a notation that a June 2009 private treatment record noted diagnoses of lumbosacral joint sprain / strain, cervicocranial syndrome, neck sprain / strain, and thoracic sprain / strain. The examiner’s opinion omitted any discussion or consideration of such records. Once VA undertakes the effort to provide a medical examination or opinion, it must provide an adequate one. Barr v. Nicholson, 2 Vet. App. 303, 311-12 (2007). Further development is therefore necessary before the Board may reach a decision on this claim. 2. Entitlement to service connection for a back disability is remanded. A preliminary review of the evidence of record indicates that the Board’s remand instructions regarding the Veteran’s lower back condition have not been complied with. Specifically, no medical opinion has yet been provided in response to the Board’s remand instructions in September 2020 for the Veteran’s back condition. The matters are REMANDED for the following action: 1. Obtain an addendum opinion regarding the nature and etiology of the Veteran’s neck disability. If the clinician determines that an additional examination is warranted, one should be scheduled. a. With respect to scoliosis, the examiner should opine wither this congenital defect was subjected to a superimposed back injury during active service that resulted in aggravation of the scoliosis condition or any other additional disability. The examiner should consider the Veteran’s lay statements that he developed pain as a result of his military occupational specialty during frequent walking over uneven terrain and frequent mounting and dismounting of vehicles while wearing full gear. b. With respect to the diagnoses of cervicocranial syndrome, neck sprain/strain, degenerative disc disease of the cervical spine, and degenerative joint disease of the cervical spine, the examiner should opine whether it is at least as likely as not related to service. The examiner should address a June 2009 private treatment record noted diagnoses of lumbosacral joint sprain/strain, cervicocranial syndrome, neck sprain/strain, and thoracic sprain/strain. (Continued on the next page)   c. With respect to the Veteran’s degenerative joint disease of the cervical spine, the examiner should opine whether it at least as likely as not (1) began during active service, (2) manifested within 1 year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service 2. Obtain an addendum opinion regarding the nature and etiology of the Veteran’s back disability. The examiner should opine whether anterior wedging of the T-11 and T-12, lumbosacral joint sprain / strain, and thoracic sprain / strain are at least as likely as not related to service, to include related to the Veteran’s reports that he developed pain as a result of his military occupational specialty during frequent walking over uneven terrain and frequent mounting and dismounting of vehicles while wearing full gear. The examiner should directly address June 2009 private treatment record which noted diagnoses of lumbosacral joint sprain / strain, cervicocranial syndrome, neck sprain / strain, and thoracic sprain / strain. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Hermsdorfer, 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.