Citation Nr: 21063200
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 14-41 593
DATE: October 13, 2021

REMANDED

Entitlement to service connection for a back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1971 to April 1973.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision.  In August 2020, the Board denied the claim for service connection for a back disability.  The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (CAVC).  In a May 2021 Order, CAVC vacated the August 2020 decision denying entitlement to service connection for a back disability and remanded the matter for action consistent with the Joint Motion for Remand (JMR).  

Notably, the parties agreed in the JMR that the October 2019 VA examination was inadequate because the VA examiner's rationale failed to address the Veteran's statements that he had a slow growing cyst that may been asymptomatic.  It was determined on remand the Veteran must be provided a new VA examination that addresses the Veteran's statement and an opinion that considers this statement and the related medical evidence of record.    

Consequently, the matter is REMANDED for the following action:

1.  Schedule the Veteran for a VA examination to determine the etiology of his claimed back disability.    The examiner must review the claims file and a copy of this Remand, which must be acknowledged in the examination report. Once the review has been completed, the examiner is asked to provide a response to the following:

Is the Veteran's back disability, variously diagnosed as spondylolisthesis, arachnoiditis and arachnoid cyst, at least as likely as not began during active service, manifested within a year after discharge from service, or was noted during service with continuity of the same symptomatology since service?  Provide a rationale to support the opinion(s).  

In rendering this opinion and rationale, the examiner must address the Veteran's service treatment records, the November 2012 opinion from Dr. M.A.L., post service medical records and diagnostic studies, the October 2019 VA examination report, and an October 2019 opinion from Dr. A.M.P.  

The examiner must also consider and specifically address the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms, to include his statements that he had a slow growing cyst that may been asymptomatic.  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?

2.  If upon completion of the above action the claim remains denied, the matter must be returned to the Board after compliance with appellate procedures. 

 

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.