Citation Nr: 21009347
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 18-14 275
DATE: February 22, 2021

REMANDED

Entitlement to service connection for a back disability, including degenerative arthritis and degenerative disc disease of the spine, is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from February 1955 to March 1958.  

This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter “the Court”) in June 2020, which set aside a July 2019 Board decision and remanded the case for additional development.  The issue initially arose from a November 2017 rating decision by the Sioux Falls, South Dakota, Regional Office (RO) of the Department of Veterans Affairs (VA).  

1. Entitlement to service connection for a back disability, including degenerative arthritis and degenerative disc disease of the spine, is remanded.

In its June 2020 order the Court found the prior Board decision had relied upon an inadequate medical opinion.  It was noted, in essence, that a February 2019 VA medical opinion did not address the pertinent findings of a July 2018 X-ray report noting a compression deformity of L1 representing an old fracture.  Such was significant as the examiner had based his negative opinion on a finding that there was no post-service evidence documenting that the Veteran had broken his back. The Board finds that an additional medical opinion is required for an adequate determination.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran has a back disability, including degenerative arthritis and degenerative disc disease of the spine, that is at least as likely as not related to active service.  The examiner must consider the pertinent evidence of record, including the Veteran’s statements as to having broken his back in a motor vehicle accident in service, VA treatment from 1989 to 1990, and a July 2018 X-ray study noting a compression deformity of L1 representing an old fracture.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.