Citation Nr: 21069393 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 15-13 000 DATE: November 18, 2021 REMANDED Entitlement to service connection for a cervical spine disability on a direct basis is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, served on active duty from January 1963 to July 1963. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Board denied entitlement to service connection for a cervical spine disability, to include as secondary to the Veteran's service-connected lumbar spine disability. The Veteran then appealed to the United States Court of Appeals for Veterans Claims (Court). In a March 2019 Order, the Court granted the parties' March 2019 Joint Motion for Partial Remand (JMPR), vacated the Board's May 2018 decision insofar as it denied service connection for a cervical spine disability on a direct basis, and remanded the matter to the Board for further adjudication. The Board notes that the March 2019 JMPR states, "Appellant does not wish to appeal that part of the Board decision that denied entitlement to service connection of the neck as secondary to degenerative disc disease (DDD) of the lumbar spine," and the parties requested that the Court dismiss the appeal with respect to secondary service connection. As such, the issue of entitlement to service connection for a cervical spine disability on a secondary basis is no longer before the Board for appellate consideration. Accordingly, the issue remaining on appeal is limited to service connection for a cervical spine disability on a direct basis, as reflected on the title page of this decision. In July 2019, the Board remanded the matter for additional development. In August 2020, the Board denied entitlement to service connection for a cervical spine disability. The Veteran again appealed to the Court which, by way of a July 2021 Order, granted the parties' July 2021 Joint Motion for Remand (JMR), vacated the Board's August 2020 decision, and remanded the matter to the Board for further adjudication. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c) and 38 U.S.C. § 7107(b). 1. Entitlement to service connection for a cervical spine disability on a direct basis is remanded. The Veteran asserts that he is entitled to service connection for a cervical spine disability. The Board finds that additional development is necessary prior to appellate review of this claim. In August 2019, the Veteran was provided an additional VA examination to determine the nature and likely etiology of his claimed cervical spine disability. After an in-person examination of the Veteran and review of his claims file, the August 2019 VA examiner opined that the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness, reasoning, in pertinent part, that "[i]nitial imaging of c-spine show no trauma or injury and cervical degeneration did not appear on x-ray until 40+ years later" and that "treatment notes dated in 2010 indicate cervical pain only began within the last 6-12 months prior to those visits." On review, the Board finds the August 2019 VA medical opinion to be inadequate for the following reasons. First, in a June 1991 VA radiology report, the interpreting radiologist noted degenerative changes in the cervical spine. This report was rendered approximately 28 years after service, which contradicts the August 2019 VA examiner's finding that "cervical degeneration did not appear on x-ray until 40+ years later." Second, in a May 2006 private psychological evaluation report, the Veteran reported experiencing neck pain. This contradicts the August 2019 VA examiner's finding that the Veteran's cervical spine pain only began within 6 to 12 months prior to his treatments in 2010. As such, the Board finds the August 2019 VA medical opinion to be based on inaccurate factual premises and, to that extent, is of no probative value. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993). For these reasons, the Board finds that remand is necessary to obtain an adequate medical opinion as to direct service connection. Accordingly, the matter is REMANDED for the following action: 1. Obtain an addendum VA medical opinion regarding the nature and etiology of the Veteran's cervical spine disability. The claims file, including a copy of this Remand, must be made available to, and be reviewed by, the examiner. If another examination is indicated, one should be provided to the Veteran. After a thorough review of the claims file, the examiner is asked to provide an opinion as to whether the Veteran's cervical spine disability at least as likely as not (50 percent probability or greater) had its onset during active service or is otherwise related to it, to include as due to an in-service motor vehicle accident. * Specifically, address the following evidence: ** The September 2007 VA examiner's statement that a motor vehicle accident may begin a degenerative process with micro-trauma to the spinal discs, predisposing them to future degeneration. ** The February 2014 VA examiner's opinion that degenerative joint disease results from progressive degeneration due to, among other things, trauma. ** Radiology reports of the cervical spine, to include those dated June 1991, November 2007, October 2010, September 2018, and August 2019. 2. Then, after ensuring that the above-requested development has been substantially complied with, readjudicate the remanded claim. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. M. Gill, 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.