Citation Nr: 21062151 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 17-28 813 DATE: October 6, 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 The Veteran served in the United States Army from January 1969 to January 1971. In June 2020, the Board remanded the above issues for additional development. The case has since returned to the Board for appellate review. 1. Entitlement to service connection for a neck disability is remanded; entitlement to service connection for a back disability is remanded. The Veteran contends that his neck as well as his low back disabilities are related to his military service. As to a cervical condition, the Board notes that the Veteran has a diagnosis of cervical degenerative disk disease. See May 2011 Private Medical Treatment Record. As to a low back condition, the Board acknowledges that the Veteran has lower back diagnoses, to include degenerative joint and disc disease, scoliosis, and spondylolisthesis. See August 2017 VA examination. His service treatment records are absent for any back related injuries or complaints. However, the Veteran asserts that he has had scoliosis prior service, and that it worsened during service. Moreover, he contends that he was told that it was a disqualifying medical condition after service. Pursuant to the Board's June 2020 remand orders, VA opinions regarding the Veteran's low back and cervical conditions were obtained in September 2020. While the Board regrets the additional delay, the Board finds the September 2020 VA opinions inadequate. With respect to his cervical condition, the Board finds the September 2020 rationale inadequate, as the examiner did not discuss the relationship, or lack thereof, between the Veteran's cervical condition, and his service-connected multiple myeloma. With respect to his low back conditions, the Board finds the September 2020 opinion inadequate, as the examiner did not utilize the proper standard for determining whether the Veteran's scoliosis preexisted service. In addition, while the examiner addressed the Veteran's scoliosis, the examiner did not address the Veteran's other low back conditions, such as his degenerative joint and disc disease and spondylolisthesis. Based on the above, the Board finds the September 2020 opinions inadequate, and a remand is necessary to obtain adequate opinions addressing the etiology of the Veteran's cervical spine and low back conditions. The matters are REMANDED for the following action: 1. NECK DISABILITY: Obtain a VA opinion for the Veteran's neck disability. The examiner must review the claims file. For each diagnosis of a neck disability, to include cervical degenerative disc disease, the examiner is asked to provide a response to the following: a. Is the neck disability at least as likely as not (50 percent or greater probability) proximately due to service-connected multiple myeloma. b. Is the neck disability at least as likely as not (50 percent or greater probability) aggravated, i.e., worsened beyond its natural progression, by service-connected multiple myeloma. c. Is the neck disability at least as likely as not (50 percent or greater probability) related to service. Provide a rationale to support the opinions. In providing the requested opinion, consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? The examiner is requested to address the Veteran's lay statements regarding his neck disability. Specifically, the Veteran contends that his multiple myeloma is known to cause certain conditions of the spine, to include osteoporosis. See October 2020 lay statements. 2. LOW BACK DISABILITY: Obtain a VA opinion for the Veteran's low back disabilities. The examiner must review the claims file. For each diagnosis of a low back disability, to include degenerative joint and disc disease and spondylolisthesis, the examiner is asked to provide a response to the following: a. Is the low back disability at least as likely as not (50 percent or greater probability) related to service. The examiner is requested to address the Veteran's lay statements regarding his low back disabilities. For the Veteran's diagnosis of scoliosis, the examiner is asked to provide a response to the following: a. With respect to scoliosis, the examiner should explain whether it is a congenital or developmental disease, a congenital or developmental defect, or a disorder not of congenital or developmental origin. The examiner should note that a disease generally refers to condition that is considered capable of improving or deteriorating while a defect is generally not considered capable of improving or deteriorating. b. If scoliosis is determined to be a congenital defect, please provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that there was a superimposed disease or injury that occurred during service and resulted in additional disability. c. If scoliosis is determined to be a congenital or developmental disease or a disorder not of congenital/developmental origin, opine as to whether it is at least as likely as not (a 50 percent or greater probability) that the scoliosis was aggravated (permanently worsened beyond the normal progress of the disease) by the Veteran's active service. The examiner is requested to address the Veteran's lay statements regarding his scoliosis. Specifically, the Veteran contends that his scoliosis diagnosis was missed on his entrance examination. He also reports that, upon arrival from Vietnam, he underwent a neck and back examination due to his scoliosis but declined receiving disability due to his desire to return home expeditiously. See October 2020 lay statements. Provide a rationale to support the opinion(s). In providing the requested opinion, consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible. 3. Then, readjudicate the claims. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. E. Grossman, 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.