Citation Nr: 21006000 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-02 974 DATE: February 3, 2021 REMANDED Entitlement to service connection for a lumbar spine disorder, to include as secondary to a service-connected disability is remanded. REASONS FOR REMAND The Veteran had active military service from September 1994 to March 1995. This appeal comes to the Board of Veterans’ Appeals (Board) from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The case was previously before the Board in January 2019 and July 2020. The appeal has since been returned for further appellate review. This appeal has been advanced on the docket. 38 U.S.C. § 7107 (2012); 38C.F.R. §20.900 (c) (2019). The issues of entitlement to service connection for a bilateral knee disorder were remanded in the July 2020 decision. In an October 2020 rating decision, the RO granted service connection for right knee patellofemoral pain syndrome, effective February 15, 2016, left knee patellofemoral pain syndrome, effective February 15, 2016, and left knee limitation of flexion, effective February 15, 2016. The RO noted that this was considered a total grant of the benefits on appeal. The Veteran has not expressed disagreement with this rating decision. The October 2020 rating decision represents a full grant of the benefits sought, and the issues are no longer in appellate status. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). 1. Entitlement to service connection for a lumbar spine disorder, to include as secondary to a service-connected disability, is remanded. Remand is required for compliance with a prior Board remand. The Board is obligated by law to ensure that the RO complies with its directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance. Stegall, 11 Vet. App. at 271. The July 2020 Board remand directed the RO to secure an adequate VA examination and opinion. The Board directed the examiner to provide an opinion whether or not it is at least as likely as not the lumbar spine DDD is caused or aggravated by the service-connected cervical spine strain, left plantar fasciitis and right stress fracture syndrome, and/or the bilateral knee disorder. The Veteran received an October 2020 VA examination. The examiner opined the Veteran’s lumbar degenerative arthritis is less likely than not incurred in or caused by active military service. Also, the examiner opined the lumbar DDD is not likely caused or aggravated by the Veteran’s service-connected cervical spine strain, left plantar fasciitis and right stress fracture syndrome. However, the examiner failed to address whether the Veteran’s lumbar spine DDD is caused or aggravated by the now service-connected bilateral knee disorder. Lastly, on the November 2020 appeals satisfaction notice the Veteran requested a form to submit additional private treatment records for her back. Thus, there appears to be additional records that need to be associated with the claims file. Accordingly, remand is required. The matters are REMANDED for the following action: 1. Contact the Veteran and afford her the opportunity to identify by name, address and dates of treatment or examination any relevant non-VA medical records. Specifically, the records referred to in the November 2020 appeals satisfaction notice. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the appellant which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and her representative (if any). 2. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the etiology of his low back disorder. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided, to include an explanation regarding any reliance on medical literature. The examiner must provide an opinion whether it is at least as likely as not (50 percent or greater probability) that the lumbar spine DDD is caused or aggravated by the service-connected cervical spine strain, left plantar fasciitis and right stress fracture syndrome, and/or the bilateral knee disorder. The examiner is requested to address the following: 1) the VA examinations of record; 2) any relevant service treatment records, including the November 1994 STR documenting an individual sick slip showing that the Veteran complained of lower back pain and December 1994 STR documenting the Veteran complained of back pain; and 3) the February 2016 Veteran’s statement she hurt her back in service from prolonged marching in combat boots and carrying weight. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Braxton, 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.