Citation Nr: 21074326
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 06-25 179
DATE:       December 14, 2021

REMANDED

Entitlement to service connection for a lumbar spine disability, to include as secondary to service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1961 to April 1965, and from February 1967 to November 1973. He was awarded the Combat Infantryman Badge and the Bronze Star Medal, among other decorations.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2005 rating decision by a Department of Veterans Affairs (VA) regional office. Most recently, this matter was before the Board in August 2020, at which time the Board denied the Veteran's appeal. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court) and, in June 2021, the Court granted a Joint Motion for Remand (JMR). Pursuant to the JMR, the parties agreed to vacate the Board's August 2020 decision and remand the matter to the Board for further action.

While further delay is regrettable, remand is warranted in order to ensure a complete record as well as compliance with the terms of the JMR. When the Veteran most recently underwent VA examination in May 2020, the examiner opined that the Veteran's lumbar spine disability was not aggravated by his service-connected disabilities, including a right knee disability, peripheral neuropathy of the lower extremities, loss of use of the feet, and a left hip joint fracture. In support of the opinion, however, the examiner only provided rationale regarding causation, rather than aggravation. See El-Amin v. Shinseki, 26 Vet. App. 136, 140 (2013). Accordingly, remand is necessary so that an addendum opinion may be obtained which properly addresses whether the Veteran's lumbar spine disability is aggravated by his service-connected disabilities.

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's low back disability is at least as likely as not (50 percent probability or greater) aggravated beyond its natural progression by his service-connected disabilities, specifically his right knee disability, peripheral neuropathy of the lower extremities, loss of use of the feet, and left hip joint fracture.

In offering the opinion, the examiner is reminded that the rationale provided for this opinion must specifically address aggravation rather than causation.

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The need for an examination is left to the discretion of the examiner.  A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. D. Bruce, 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.