Citation Nr: 21077233
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 15-31 746
DATE: December 29, 2021

REMANDED

Entitlement to service connection of cervical spondylosis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to October 1972, and from December 1981 to January 1998.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2018, the Veteran testified before the undersigned Veterans Law Judge at a hearing held via live videoconference.  A transcript of that hearing is of record.

The Board previously issued a decision in this matter in December 2020.  The Veteran appealed that denial and in October 2021, the Court of Appeals for Veterans Claims (Court) granted a joint motion for remand (JMR) in which the parties agreed to vacate the prior decision and return it to the Board for further development.  The appeal is now returned to the Board.

 

1. Entitlement to service connection of cervical spondylosis is remanded.

The Board previously remanded this appeal in March 2019 for additional development, to include affording the Veteran an examination and medical opinion.  That remand specifically instructed the examiner to address whether the current cervical spine disability was related to "his use of welding helmets throughout his active service," and that "the examiner should review and discuss the literature submitted by the Veteran regarding ergonomic effects of such helmets on the spine."  It was noted that the Veteran had previously submitted articles regarding welding, his in-service occupation, and neck injuries during his December 2018 Board hearing.

In December 2019, a VA medical opinion was provided.  While the examiner did acknowledge the Veteran's in-service occupational history as a welder, the parties, per the JMR, agree that he did not specifically address the articles submitted by the Veteran.  As such, the parties agree that the claim should be remanded so that a new VA opinion may be obtained which specifically complies with the Board's prior remand order to address the articles submitted by the Veteran.  

The parties, per the JMR, also agree that the December 2019 opinion failed to adequately address the Veteran's lay statements regarding the onset and continuation of his neck symptoms, which must also be addressed in the addendum opinion ordered below. 

The matters are REMANDED for the following action:

1. Invite the Veteran to submit any additional evidence in support of his appeal.

2. Obtain an addendum opinion from a qualified examiner regarding the Veteran's cervical spondylosis, preferably the examiner who provided the prior opinion.  The examiner should state whether it is at least as likely as not that the Veteran's cervical spondylosis is related to his military occupation as a welder, particularly to his use of welding helmets throughout service. A complete rationale should be provided for the opinion. The examiner must specifically address the following in their discussion: (1) the literature submitted by the Veteran regarding ergonomic effects of the use of such helmets on the spine, and (2) the Veteran's lay statements of symptoms from the time of service to the present. 

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Pryce, Counsel