Citation Nr: 21025532 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 14-34 908A DATE: April 28, 2021 REMANDED Entitlement to service connection for degenerative disc disease of the cervical spine is remanded. Entitlement to service connection for degenerative disc disease of the thoracolumbar spine is remanded. Entitlement to service connection for a gastrointestinal disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1979 to September 1980. This appeal comes to the Board of Veterans’ Appeals (Board) following a May 2018 remand of a March 2014 rating decision by a Department of Veterans Affairs (VA) regional office denying the claims. 1. Entitlement to service connection for degenerative disc disease of the cervical spine is remanded. 2. Entitlement to degenerative disc disease of the thoracolumbar spine is remanded. The Board notes there are October 2019 VA examinations of the Veteran’s back disorders in the claims file. However, the examiner did not adequately address the Veteran’s contentions. The examiner attributed the Veteran’s neck and back disorders to age and a recent fall, but did not discuss the Veteran’s lay statements supporting his contention that the disabilities are a result of a fall from a tank in service. Once VA undertakes the effort to provide a medical examination or opinion, it must provide an adequate one. Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007). Accordingly, an addendum opinion should be obtained to address causation that specifically discusses the Veteran’s contentions regarding the in-service fall from a tank. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand. Stegall v. West, 11 Vet. App. 268 (1998). 3. Entitlement to service connection for gastrointestinal disorders is remanded. The Board notes that there is an October 2019 VA examination of the Veteran's gastrointestinal disorders in the claims file. However, the examiner did not adequately address service connection, opining only that there is no documentation in the Veteran’s service treatment records of any GI malignancy, polyps, or diverticulosis, and that the Veteran’s currently diagnosed colon polyps and diverticulosis were “just recently discovered by colonoscopy well after discharge.” The Board notes, however, that the Veteran had multiple complaints of stomach pains in service and the October 2019 examiner failed to address whether these complaints are related to any currently diagnosed gastrointestinal disorders. Once VA undertakes the effort to provide a medical examination or opinion, it must provide an adequate one. Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007). Accordingly, an addendum opinion should be obtained to address causation. The examiner must specifically discuss the Veteran’s documented in-service complaints of diarrhea, nausea, vomiting, stomachaches, and cramps. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain an addendum opinion from a qualified examiner regarding the etiology of the Veteran’s claimed cervical and thoracolumbar spine injuries. The need for an additional examination is left to the discretion of the examiner. The entire claims file, including this remand, must be made available to the examiner. The examiner must offer a thoroughly reasoned opinion as to each of the following: • Whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s cervical spine disorder had its onset in service or is otherwise related to service, to specifically include the Veteran’s reported in-service fall from a tank. • Whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s thoracolumbar spine disorder had its onset in service or is otherwise related to service, to specifically include the Veteran’s reported in-service fall from a tank. In providing each opinion, the examiner must specifically comment on the Veteran’s lay statements regarding the etiology of his claimed neck and back disorders, specifically to include the reported in-service fall. The examiner is advised that the Veteran is competent to report history and symptoms, and that his reports must be considered in formulating the requested opinion. If the examiner rejects the Veteran’s reports, the examiner should provide a rationale for doing so. 2. Obtain an addendum opinion from a qualified examiner regarding the etiology of the Veteran's claimed gastrointestinal disorder. The need for an additional examination is left to the discretion of the examiner. The entire claims file, including this remand, must be made available to the examiner. The examiner must offer an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s claimed gastrointestinal disorder had its onset in service or is otherwise related to service. In rendering this conclusion, the examiner must specifically discuss the Veteran’s service treatment records, which reflect multiple complaints of gastrointestinal issues. In providing this opinion, the examiner must specifically comment on the Veteran's lay statements regarding the etiology of his claimed gastrointestinal disorder. The examiner is advised that the Veteran is competent to report history and symptoms, and that his reports must be considered in formulating the requested opinion. If the examiner rejects the Veteran's reports, the examiner should provide a rationale for doing so. Caroline B. Fleming Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.N. Bush, Associate 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.