Citation Nr: 21027385
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 17-17 272A
DATE: May 5, 2021

REMANDED

Entitlement to service connection for idiopathic scoliosis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1975 to May 1979.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

In April 2021, the Veteran testified before the undersigned Veterans Law Judge at a hearing.

Entitlement to service connection for idiopathic scoliosis is remanded.

The Veteran asserts her idiopathic scoliosis disorder was either incurred in or aggravated by service, or in the alternative, was aggravated by her service-connected bilateral shin splints.

An addendum to the November 2016 VA medical opinion is necessary because aggravation was not addressed.  The examiner only discussed whether the shin splints proximately caused the idiopathic scoliosis, thereby rendering the opinion in complete.  See El-Amin v. Shinseki, 26 Vet. App. 136, 140 (2013).  

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the idiopathic scoliosis is at least as likely as not aggravated beyond its natural progression by the Veteran's service-connected bilateral shin splints disability, to include as a result of gait alteration due to the shin splints as she asserts. A rationale must be provided.  

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Tang, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.