Citation Nr: 21075242
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 17-10 582
DATE: December 17, 2021

REMANDED

Service connection for aneurysm of the lower aortic is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1961 and September 1963. He also had Reserve service. The Veteran died in July 2018; the appellant is his surviving spouse.

Aneurysm of the Lower Aortic

The Board remanded this issue in May 2021 with specific instructions to the VA examiner regarding lack of evidence of the Veteran's condition contained in the service treatment records. Specifically, the examiner was instructed that lack of contemporaneous records documenting complaints of or treatment for aneurysm of the lower aortic, alone, was insufficient rationale for a medical nexus opinion. An examination opinion was provided in July 2021 wherein the examiner specifically found that the lack of in-service treatment negated a nexus of the aneurysm to the Veteran's service. Though the examiner identified some risk factors in developing an aneurysm of the lower aortic, the examiner did not indicate that the Veteran presented with any of these risk factors. In so finding, the examination disregarded the Board's remand instructions. A Board remand confers a right on a claimant to compliance with the remand order. See Stegall v. West, 11 Vet. App. 268, 271 (1998). A new examination opinion is warranted.

The matter is REMANDED for the following action:

Obtain an opinion from a cardiologist (M.D.) concerning the nature and etiology of the Veteran's aneurysm of the lower aortic. The claims file should be made available to the examiner for review.

Based on a review of the claims file, the examiner must opinion whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's aneurysm of the lower aortic, if present, was related to the Veteran's active service.  

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A rationale must be provided for any opinion(s) expressed.  If any requested opinion(s) cannot be provided without resorting to speculation, then the clinician should explain why this is so. 

The clinician is advised that the lack of contemporaneous records documenting complaints of or treatment for aneurysm of the lower aortic, alone, is insufficient rationale for a medical nexus opinion.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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.