Citation Nr: 21011581 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 10-48 562 DATE: March 2, 2021 REMANDED Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran had active service from May 1972 to May 1977. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2013, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Central Office Board hearing. A copy of the transcript has been associated with the Veteran’s electronic claims folder. In April 2015, the Board denied the Veteran’s claims. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court). In an August 2016 Memorandum Decision, the Court vacated the denials and remanded the matters to the Board for further adjudication. In February 2017, the Board remanded the matters to obtain a medical opinion regarding the etiology of the Veteran’s claimed disabilities. In January 2018, the Board again denied the Veteran’s claims. The Veteran again appealed the matters to the Court. In a September 2019 Memorandum Decision, the Court vacated the denials and remanded the matters for further adjudication. All matters are remanded. In April 2020, the Board remanded the matters to obtain an addendum opinion from an orthopedic specialist. In May and October 2020, an occupational physician provided a medical opinion regarding the etiology of the Veteran’s claimed disabilities. Notes from the RO indicate that an orthopedic specialist was not available at the requested location. No further attempts were made to fulfill the Board’s remand directives. The Agency of Original Jurisdiction (AOJ) failed to comply with the Board’s remand in this regard. See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a Board remand “confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders”). In a February 2021 brief, the Veteran’s representative requested a remand to comply with the Board’s directives to have an orthopedic specialist provide a medical opinion. Accordingly, the Board finds that a remand is necessary to obtain an adequate opinion. The matters are REMANDED for the following action: Obtain a medical opinion, by an orthopedic surgeon/specialist, regarding the etiology of the Veteran’s diagnosed cervical spine, lumbar spine and left knee disabilities. *This matter is being returned because the May and October 2020 medical opinions were not authored by an orthopedic specialist as outlined in the Board’s directives.* The Veteran’s electronic claims folder, including a copy of this remand, must be provided to the specialist. The specialist is requested to provide an opinion as to the following: (a) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s lumbar spine disability was incurred in or is otherwise related to active service. (b) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s cervical spine disability was incurred in or is otherwise related to active service. (c) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s left knee disability was incurred in or is otherwise related to active service. In rendering the requested opinions, the specialist should discuss the Veteran’s reported in-service duties, including fighting fires, rescues, handling hoses and very large ladders, among other equipment, and extracting pilots from burning aircraft. See January 2008 claim; October 2013 Hearing Transcript, pp. 8-12, 20-24. The specialist should also address any relevant post-service medical records, including but not limited to October 2001 records from Dr. J.G. noting the Veteran’s reported 10 year history of chronic neck pain; the May 2005 VA medical record noting the Veteran’s reported chronic neck and back pain, which had been exacerbated by a fall in March 2005; and August 2005 New York State Department of Temporary or Disability Assistance records, in which the Veteran reported neck and back pain dating to the early 1980s. Additionally, the specialist should reconcile his or her opinions with the October 2009 opinion from Dr. G.K.; the May 2013 opinion from A.E., N.P.; the September 2013 opinion from D. P., P.A.-C.; and the October 2016 (received in November 2016) opinion from Dr. W. G. A complete rationale for all opinions reached must be provided. Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Baskerville, LaRita 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.