Citation Nr: 21023955
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 17-00 018A
DATE: April 21, 2021

REMANDED

Entitlement to service connection for a low back disability is remanded.

Entitlement to service connection for a neck disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1987 to April 1988.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2019, the Veteran testified at a Board videoconference hearing.  The transcript of the hearing has been associated with the record.

The Board remanded this matter for further development and a medical opinion regarding the etiology of the Veteran’s disabilities in November 2019 and December 2020.  A Board remand confers on the Veteran, as a matter of law, the right to compliance with the remand orders.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

Unfortunately, although a December 2020 VA examiner provided addendum opinions regarding direct and secondary service connection for the Veteran’s low back and neck disabilities, there has not been substantial compliance with the Board’s previous remand directives.  The December 2020 examiner’s rationale against finding a direct nexus between the disabilities and the Veteran’s service was based on the absence of treatment shown within the record, which is an insufficient rationale for a negative nexus opinion.  See Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed Cir. 2006).  As noted in the December 2020 Board decision, the April 2019 and December 2019 medical opinions in the record are inadequate.  As the medical opinions in the record are incomplete or inadequate, another remand is required.

The matters are REMANDED for the following action:

1. Obtain an addendum medical opinion concerning the nature and etiology of the Veteran’s low back and neck disabilities.  The file must be made available.

The necessity of an in-person examination is left to the examiner’s discretion in light of the global COVID-19 pandemic.

The examiner should determine the etiology of the Veteran’s low back disability.  To this end, the examiner is informed that the Board finds credible the Veteran’s statements that she did marches with full combat gear on a daily basis, which is when her neck and low back pain began.  This pain was still present today.  See September 26, 2012 written statement.

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A detailed explanation is required to support the answer to each question.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Costa, 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.