Citation Nr: 21071636
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 06-17 528
DATE: December 1, 2021

	REMANDED

Service connection for a low back disorder, to include as secondary to service-connected bilateral knee disabilities is remanded.

	REASONS FOR REMAND

The Veteran served on active duty from January 1986 to February 1986.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In October 2018, the Veteran appeared and testified at a video conference hearing before the undersigned Veterans Law Judge.  The Veteran had previously testified at a May 2007 hearing before a different member of the Board.  However, that Board Member has since retired from the Board and the undersigned VLJ is the only VLJ who has held a hearing in this matter.  As such, a single judge decision is appropriate. 

In an October 2019 decision, the Board denied service connection for a low back disability.  The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court).  In July 2021, the Court granted the parties' Joint Motion for Remand (JMR) and remanded the issues back to the Board finding that the December 2010 VA examination on which the Board relied was not adequate.

Service connection for a low back disorder, to include as secondary to service-connected bilateral knee disabilities is remanded.

In the July 2021 JMR, VA and the Veteran agreed that the December 2010 VA examination was not adequate because the examiner did not fully address the issue of aggravation.  On remand, the examiner is asked to fully address whether the Veteran's bilateral knee disability aggravated his low back disability beyond its natural progression. 

The matters are REMANDED for the following action:

1. Ask the Veteran to identify any additional relevant records he wishes to be considered in connection with his appeal, and attempt to obtain those record and associate them with the file.  

2.  Provide the claims file to an appropriate VA examiner for an addendum opinion as to whether the Veteran's low back disability is related to a service-connected disability.  The claims file should be made available to and be reviewed by the examiner in conjunction with the examination.  The need for another examination is left to the discretion of the medical professional offering the addendum opinion. 

The examiner is asked to opine whether the Veteran's low back disability is at least as likely as not (a) caused by; or (b) aggravated (i.e., worsened) by the Veteran's service-connected disabilities, to include his service-connected bilateral knee disability.  In discussing these questions, the examiner should specifically discuss the 2003 fall that occurred in a parking lot.  The examiner is reminded that he or she must address both prongs (a) and (b) above.

In addressing the above, the examiner should also specifically discuss the Veteran's lay statements regarding onset of symptoms and any continuity of symptomatology since onset and/or since discharge from service.  The examiner should also consider any other pertinent evidence of record, as appropriate.  All findings should be reported in detail and all opinions must be accompanied by a clear rationale.

2. Readjudicate the claim on appeal.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Uller, 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.