Citation Nr: 21069966 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 19-34 820 DATE: December 1, 2021 REMANDED Entitlement to service connection for a neck condition (cervical spine disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1965 to November 1968. In April 2021, the Veteran testified at a video conference hearing (hearing) before the undersigned Veterans Law Judge. This matter was previously remanded by the Board of Veterans' Appeals (Board) in April 2021 and August 2021 for additional development. It now returns for further appellate review. 1. Entitlement to service connection for a neck condition (cervical spine disability) is remanded. Unfortunately, the Board finds that another remand is necessary in order to ensure compliance with the April 2021 and August 2021 Board remands. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (A remand by the Board confers on the claimant, as a matter of law, a right to compliance with the remand orders.) In August 2021, the Board remanded the claim to obtain an addendum medical opinion to address whether the Veteran's service-connected disabilities aggravated his cervical spine. See August 2021 Board Remand. Specifically, the Board directed the examiner to address whether the Veteran's service-connected disabilities including his lumbar spine disability aggravated his cervical spine. Id. Pursuant to the August 2021 Board remand, the VA obtained an addendum medical opinion. See October 2021 Medical Opinion DBQ. The examiner opined that the Veteran's metatarsalgia right foot and knee disabilities did not aggravate his cervical spine disability. The examiner reasoned that "the vertebrae are not subject to sharing diseases of the other joints, or subject to any increase in load bearing or use, as a result." She also noted that the Veteran's knee disability did not affect his cervical spine. Id. Conspicuously absent from the addendum medical opinion is a discussion of whether the Veteran's service-connected lumbar spine disability aggravated his cervical spine disability. Since the examiner did not address the Veteran's lumbar spine disability, the Board finds that the August 2021 addendum medical opinion does not comply with the prior Board remands pursuant to Stegall v. West, 11 Vet. App. 271. Importantly, the Veteran contends that his cervical spine disability is secondary to his back (lumbar spine) condition. See June 2018 VA Form 21-526b, Veteran's Supplemental Claim for Compensation. Thus, the August 2021 VA addendum medical opinion is inadequate to the extent the examiner did not address the Veteran's contentions. See Miller v. Wilkie, 32 Vet. App. 249 (2020) (stating that a VA medical opinion lacks probative value when the examiner fails to address a veteran's lay reports of his medical history and symptoms). Accordingly, for the forgoing reasons, the Board finds that a remand is necessary to obtain an addendum medical opinion whether the Veteran's cervical spine disability is proximately due to or aggravated by his service-connected lumbar spine disability. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from the VA examiner who conducted the August 2021 VA examination if available. If the prior VA examiner is unavailable, obtain an addendum opinion from a medical professional with appropriate experience to render an etiology opinion for the Veteran's cervical spine disability. 2. The examiner must review the claims folder including this remand and acknowledge such review in the report. Based on review of the July 2018, April 2021, and August 2021 VA examinations and medical opinions, the examiner is requested to address the following: 3. Whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's cervical spine disability(s) was caused by or is proximately due to the VETERAN'S SERVICE-CONNECTED LUMBAR SPINE DISABILITY. 4. Whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's cervical spine disability(s) underwent an incremental increase (aggravated), regardless of permanence, BY HIS SERVICE-CONNECTED LUMBAR SPINE DISABILITY. The term incremental increase in disability means additional impairment of earning capacity. Objective measurement, or numerical quantification, is not required to ascertain an increase in disability. Moreover, any incremental increase in disability need not be permanent. The examiner must provide a complete explanation for his or her opinion(s), based on his or her clinical experience, medical expertise, and established principles. A rationale for all opinions expressed should be provided in the examination report. If medical literature is relied upon in rendering any opinion(s), the VA examiner should identify and specifically cite each reference material utilized. 5. THE AOJ MUST REVIEW THE CLAIMS FILE AND ENSURE THAT THE FOREGOING DEVELOPMENT ACTION HAS BEEN COMPLETED IN FULL. IF ANY DEVELOPMENT IS INCOMPLETE, APPROPRIATE CORRECTIVE ACTION MUST BE IMPLEMENTED. IF ANY REPORT DOES NOT INCLUDE ADEQUATE RESPONSES TO THE SPECIFIC OPINIONS REQUESTED, IT MUST BE RETURNED TO THE PROVIDING EXAMINER FOR CORRECTIVE ACTION. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Lilly, 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.