Citation Nr: 21031993 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 10-14 860 DATE: May 25, 2021 REMANDED The issue of service connection for a cervical spine disability is remanded. The issue of service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from June 1978 to June 1998. These matters come before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision. The Veteran testified at a Board videoconference hearing in February 2015 before a Veterans Law Judge. In April 2021, the Veteran was informed that the Veterans Law Judge who had conducted his February 2015 Board hearing was no longer with the Board and he, therefore, had a right to an additional hearing before a different Veterans Law Judge. The letter stated that if the Veteran did not respond in 30 days, the Board would assume that the Veteran did not want another hearing. The Veteran has not responded and, therefore, the Board assumes the Veteran does not want another hearing. In a May 2015 decision, the Board, in pertinent part, denied the Veteran's claims of service connection for cervical spine disability and lumbar spine disability. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In an Order dated in December 2015, the Court granted a Joint Motion for Partial Remand (Joint Motion) of the parties (the Secretary of VA and the Veteran), and vacated the Board's decision with respect to the issues of cervical spine disability and lumbar spine disability, and remanded the case to the Board for readjudication consistent with the Joint Motion. The Board subsequently remanded the claims for additional development in February 2016 and March 2017. In February 2020, the Board, in pertinent part, again denied the Veteran's claims of service connection for cervical spine disability and lumbar spine disability. The Veteran appealed the Board's decision to the Court. In an Order dated in October 2020, the Court granted a Joint Motion of the parties, and vacated the Board's decision with respect to the issues of service connection for a cervical spine disability and a lumbar spine disability, and remanded the case to the Board for readjudication consistent with the Joint Motion. 1. The issue of service connection for a cervical spine disability is remanded. 2. The issue of service connection for a lumbar spine disability is remanded. Remand of the issues of service connection for a cervical spine disability and a lumbar spine disability is necessary because the October 2020 Joint Motion found that in the February 2020 decision, the Board relied on the October 2017 VA medical opinions for cervical and lumbar spine disabilities, which failed to fully discuss the Veteran's statements regarding his in-service injuries. The parties noted that in March 2017, the Board specifically instructed the examiner to discuss the Veteran's statements. The parties also found that the October 2017 VA medical opinion for the lumbar spine disability was inadequate because the examiner's opinion was based on an inaccurate factual premise. The VA examiner stated that the Veteran's service treatment records (STRs) contained two in service reports of back pain. The parties noted, however, that the STRs reflected that the Veteran received treatment on three occasions for in-service back complaints. Therefore, a new examination and opinions must be obtained. The Board has no discretion and must remand the instant appeal for compliance with the Court's Joint Motion. See Stegall v. West, 11 Vet. App. 268, 271 (1998); see also Forcier v. Nicholson, 19 Vet. App. 414, 425 (2006). The matters are REMANDED for the following action: Schedule the Veteran for VA cervical spine and lumbar spine examinations to obtain an opinion as to the nature and etiology of each identified cervical and lumbar spine disability. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Whether each identified cervical spine disability was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. (b.) Whether each identified lumbar spine disability was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. In providing this opinion, the examiner MUST expressly discuss the Veteran's STRs reflecting that he received treatment on three occasions for in service back complaints, to specifically include January 1979 basketball injury, March 1982 treatment for low back pain, and February 1989 back injury during a volleyball game. An opinion that fails to provide this discussion is inadequate. Jacqueline E. Miller Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Hammad Rasul, 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.