Citation Nr: 21074323
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 14-15 308
DATE: December 14, 2021

REMANDED

Entitlement to service connection for a back condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1966 to February 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2016, the Board denied this issue, which was appealed to the Court of Appeals for Veterans Claims (Court). Pursuant to a Joint Motion, the Court issued a February 2017 Order to vacate the February 2016 denial and remanded the underlying claim to the Board for readjudication. See February 2017, Order granting Joint Motion for Partial Remand (JMPR). This claim was last before the Board in July 2021 where it was remanded for additional development.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. §20.900(c); 38 U.S.C. § 7107(a)(2).

1. Entitlement to service connection for a back condition is remanded.

The Veteran contends that his back condition is related to his service, to include instances where he picked up a soldier over 6 feet and 200 pounds for a distance of 40 to 200 yards. While further delay is regrettable, the Board finds that additional development is needed prior to adjudication of this claim.

In accordance with prior remand instructions, an addendum opinion was obtained in September 2021. The VA examiner was instructed to determine whether it is at least as likely as not that the Veteran's back condition had its onset during service or is otherwise related to service; whether his back condition is proximately due    to or the result of any of his service-connected disabilities, to include any gait abnormality related to the disability; or whether his back condition is/was aggravated beyond its natural progression by a service-connected disability, including any gait abnormality. See July 2021 Board Remand. 

The September 2021 VA examiner opined that the Veteran's back condition was less likely than not related to his service, or approximately due to or aggravated     by his service-connected disabilities. However, the VA examiner did not provide   an adequate rationale for the negative nexus opinions for secondary service connection. The provided rationale only focused on direct service connection. Further, the VA examiner did not discuss gait abnormality or the Veteran's service-connected disabilities. As such, an additional opinion is warranted in order to comply with the terms of the Board's prior remand instructions. See Stegall v.  West, 11 Vet. App. 268 (1998) (a remand by the Board confers on the appellant,     as a matter of law, the right to compliance with the remand orders).

The matters are REMANDED for the following action:

1. Obtain an addendum opinion with respect to the Veteran's back condition claim. The claims file must     be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled. 

After review of the claims file, the examiner should provide an opinion as to whether it is at least as likely     as not that the Veteran's back condition was either proximately due to or aggravated beyond its natural progression by any of his service-connected disabilities, to include addressing any gait abnormality related to the service-connected lower extremity disabilities. The examiner should explain why or why not.

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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.