Citation Nr: 21007215
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 15-06 153
DATE: February 9, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, claimed as a nervous condition, to include as secondary to a low back disorder is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1978 to March 1986, and from August 1986 to October 1986. 

This matter comes before the Board of Veterans’ Appeals (Board) from a January 2015 rating decision (RD) issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board notes that a hearing was held in June 2018 before the undersigned Veterans Law Judge. A transcript of that hearing is of record. 

The Veteran’s claim for service connection for a low back disorder was granted in full and is therefore no longer on appeal. See November 2020 Rating Decision.

Entitlement to service connection for an acquired psychiatric disorder, claimed as a nervous condition, to include as secondary to a low back disorder is remanded.

The Veteran was afforded a January 2020 VA examination to address the nature and etiology of his claimed for acquired psychiatric disorder, to include as secondary to his service-connected low back disorder. Upon review of the record, the Board finds that the VA examiner did not address the aggravation prong to secondary service connection. See Allen v. Brown, 7 Vet. App. 439, 448 (1995). Therefore, remand for another VA medical opinion is necessary. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).

The matters are REMANDED for the following action:

1. Return the examination report and claims file to the VA examiner who conducted the January 2020 medical examination (or another appropriate examiner if unavailable) for an addendum.

2. Upon review of the record, to include this remand, opine as to all of the following:

Is it at least as likely as not (50 percent probability or greater) that the Veteran’s claimed acquired psychiatric disorder is proximately due to his service-connected low back disorder, and/or aggravated beyond its natural progression by his service-connected low back disorder?

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The VA examiner must specifically address the aggravation prong to secondary service connection. 

The term "aggravated" as used herein refers to an increase in the claimed disability; that is, a worsening of the disability beyond its natural progression. Aggravation of a disability need not be permanent.

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.R. Fey, 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.