Citation Nr: 21076810 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 17-65 454 DATE: December 27, 2021 REMANDED Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for multiple sclerosis (MS) is remanded. Entitlement to service connection for a headache disorder is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from May 1979 to May 1983. The Veteran appeared at a Central Office hearing before the undersigned Veterans Law Judge in December 2019. A transcript of the hearing is of record. In February 2020, the Board remanded this matter for further development. The Veteran appeared at a virtual hearing before the undersigned Veterans Law Judge in September 2021. A transcript of this hearing is also of record. As will be discussed in greater detail below, additional development is required. In its February 2020 remand, the Board requested that the Veteran be scheduled for examinations to determine the etiology of any headache disorder, cervical spine disorder, and MS. All indicated tests and studies were to be performed and all findings were to be reported in detail. The requested examinations and opinions were obtained in August 2020. While the nexus opinions were all negative and the examiner provided rationale for each rendered opinion, the examiner did not address the Veteran's reports of continuity since service. The Veteran's attorney has noted the examiner's failure to address the Veteran's claims of symptomatology since service in written arguments presented on the Veteran's behalf. As to all issues, the Board errs as a matter of law when it fails to ensure compliance with the instructions of its prior remand. See Stegall v. West, 11 Vet. App. 268 (1998). The matter must be remanded for compliance with the directives of the prior Board remand. In addition, the Veteran has provided detailed testimony since the performance of the August 2020 VA examinations at a Central Office hearing in September 2021. Moreover, additional evidence and argument in support of continuity of symptoms has been submitted. Given the foregoing, additional development is required. The matters are REMANDED for the following action: If available, return the claims folder to the August 2020 VA examiner. Following review of the entire file, to include the Veteran's recent testimony at her September 2021 hearing and evidence submitted at that time, the examiner is to render the following opinions: Is it at least as likely as not (50 percent probability or greater) that any diagnosed cervical spine disorder, to include arthritis, first manifested in service, within a year after discharge, or is otherwise related to active service? If not, is it as likely as not (50 percent probability or greater) that any cervical spine disorder is caused by the service-connected low back disorder? If not, is it at least as likely as not (50 percent probability or greater) that any cervical spine disorder is aggravated by the service-connected low back disorder? Is it at least as likely as not (50 percent probability or greater) that any diagnosed headache disorder first manifested in service, within a year after discharge, or is otherwise related to active service? If not, is it as likely as not (50 percent probability or greater) that any headache disorder is caused by the service-connected low back disorder? If not, is it at least as likely as not (50 percent probability or greater) that any headache disorder is aggravated by the service-connected low back disorder? Is it at least as likely as not (50 percent probability or greater) that any diagnosed MS first manifested in service, within seven years after discharge, or is otherwise related to active service? If not, is it as likely as not (50 percent probability or greater) that any MS is caused by the service-connected low back disorder? If not, is it at least as likely as not (50 percent probability or greater) that any MS is aggravated by the service-connected low back disorder? When providing the above opinions, the examiner must address and discuss statements and testimony from the Veteran regarding the onset and continuity of symptomatology since service. Dalton v. Nicholson, 21 Vet. App. 23 (2007). (Continued on the next page) Completed detailed rationale is requested for each opinion that is rendered. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. S. Kelly, 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.