Citation Nr: 21070696 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 17-31 173 DATE: November 24, 2021 REMANDED Service connection for pilonidal cyst, previously claimed as a cyst on the tailbone, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from September 1975 to April 1977 and in the United States Navy from December 1977 to October 8, 1984. The Veteran also had a period of service that was dishonorable with the United States Navy from October 9, 1984 to March 5, 1986, and August 1, 1986 to September 4, 1987. Based of VA's October 2012 Administrative Decision, the Veteran is only eligible for VA benefits for service-connected disabilities related to the period of service from September 5, 1975 to April 28, 1977, and December 16, 1977 to October 8, 1984. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2012 rating decision. The Board remanded the claim in March 2020 to obtain missing medical records as well as an updated medical examination. The Board finds that there has not been substantial compliance with the remand directives and further remand is in order. Stegall v. West, 11 Vet. App. 268 (1998). Specifically, the March 2020 remand instructed that records pertaining to a claimed surgery that took place while the Veteran was in-service be obtained. The Board then instructed that an opinion be obtained after the requested records were received. However, a VA opinion was obtained in April 2020 before the requested medical records were obtained in July 2021. Therefore, an addendum opinion is needed to consider all of the evidence requested in the previous March 2020 remand. A remand by the Board confers on an appellant, as a matter of law, the right to compliance with the terms of the remand order and imposes upon VA a concomitant duty to ensure compliance with those terms. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In light of the above, remand is warranted to ensure compliance with the Board's remand. The matter is REMANDED for the following action: Obtain an addendum medical opinion regarding the following: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's pilonidal cyst manifested during the Veteran's honorable active service from September 5, 1975 to April 28, 1977, and/or December 16, 1977 to October 8, 1984 or is otherwise causally or etiologically related to his honorable active service. Specifically, review the Veteran's claims file, to include a review of the service treatment records, and comment on the following: Whether the Veteran's pilonidal cyst could have been misdiagnosed as internal and external hemorrhoids. See September 1980 service treatment records. The examiner should make certain to identify the period of service if it is determined that the Veteran's disability is related to service. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, 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.