Citation Nr: 21011607
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 09-37 340A
DATE: March 2, 2021

REMANDED

Entitlement to service connection for a back disability, to include as secondary to a bilateral knee disability is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the U.S. Air Force from October 1970 to June 1971.  

This case comes before the Board of Veteran’s Appeals (Board) on appeal from a January 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  In prior July 2013 and May 2017 Board decisions, the matter was remanded; an issue with regard to a bilateral knee disability was resolved by a full grant of the benefits sought in an April 2020 rating decision.

In the May 2017 remand required a new VA examination with regard to the knees, and noted that as the Veteran had alleged in part that his back disability was caused or aggravated by his knees.

In October 2020, the Veteran was afforded a VA examination. The VA examiner opined that the Veteran’s claimed condition was less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran’s service-connected condition. The Board finds the opinion inadequate because the examiner did not discuss whether his back disability was aggravated by his service-connected bilateral knee disability. Instead, the examiner focused her inquiry on causation, despite the evidence of progressive worsening she noted. A medical opinion regarding secondary service connection must address causation and aggravation. See El-Amin v. Shinseki, 26 Vet. App. 136, 138-40 (2013). A new opinion is required. 

The matters are REMANDED for the following action:

1. Associate updated VA treatment records with the claims file.

2. Schedule the Veteran for a VA back conditions examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed back disabilities, and with regard to each, opine as to whether such is at least as likely as not caused or aggravated by service or a service-connected bilateral knee disability.

3. Thereafter, readjudicate the remanded issue. If the benefit sought remains denied, issue a supplemental statement of the case. After an appropriate time for response, the case should then be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Baxter

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.