Citation Nr: 21011072
Decision Date: 02/26/21	Archive Date: 02/26/21

DOCKET NO. 15-39 500
DATE: February 26, 2021

ORDER

The severance of service connection for degenerative disc disease of the lumbar spine being improper, restoration of service connection, effective February 1, 2015, is granted.

The severance of service connection for right sciatica being improper, restoration of service connection, effective February 1, 2015, is granted.

The severance of service connection for left sciatica being improper, restoration of service connection, effective February 1, 2015, is granted.

FINDING OF FACT

The United States Court of Appeals for Veterans Claims (Court) reversed the portion of the Board of Veterans’ Appeals’ (Board’s) February 2019 decision that denied the appeal as to whether the severance of service connection for degenerative disc disease and right and left sciatica was proper.

CONCLUSIONS OF LAW

1. The severance of service connection for degenerative disc disease of the lumbar spine was improper.  38 U.S.C. § 5112 (2012); 38 C.F.R. § 3.105 (2019).

2. The severance of service connection for right sciatica was improper.  38 U.S.C. § 5112 (2012); 38 C.F.R. § 3.105 (2019).

3. The severance of service connection for left sciatica was improper.  38 U.S.C. § 5112 (2012); 38 C.F.R. § 3.105 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who is the appellant in this case, served on active duty from October 1975 to October 1995.

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

In a February 2019 decision, the Board denied the Veteran’s appeal as to whether the severance of service connection for degenerative disc disease and right and left sciatica was proper.  The Veteran appealed this denied claim.  

In June 2020, the United States Court of Appeals for Veterans Claims (Court) issued a Memorandum Decision, reversing the Board’s decision denying the appeal as to whether the severance of service connection was proper, and remanding the matter to the Board to reinstate service connection for degenerative disc disease and right and left sciatica on the date of the severance.

In October 2020, the Veteran’s representative filed a motion to advance on the docket due to severe or terminal illness.  Having reviewed the record, the Board finds sufficient cause has been shown and the motion to advance the appeal on the Board's docket is granted. Therefore, this motion has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c).  38 U.S.C. § 7107(a)(2).

As noted above, the Court reversed the portion of the Board's February 2019 decision that denied the Veteran’s appeal as to whether the severance of service connection for degenerative disc disease and right and left sciatica was proper. In a June 2020 Memorandum Decision, the Court reversed the Board's determination that the severance of service connection for degenerative disc disease and right and left sciatica was proper, and remanded the matter to the Board to reinstate service connection for degenerative disc disease and right and left sciatica on the date of the severance. Herein, the Board will implement the Court's mandate that the severance of service connection for degenerative disc disease and right and left sciatica was not proper, and service connection for degenerative disc disease and right and left sciatica is restored, effective February 1, 2015, the date that service connection was severed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Thomas, 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.