Citation Nr: 21032835 Decision Date: 05/28/21 Archive Date: 05/28/21 DOCKET NO. 16-47 507 DATE: May 28, 2021 REMANDED Entitlement to service connection for a left lower extremity disability described as sciatica, radiculopathy, and foot numbness, to include as secondary to service-connected low back pain and/or left leg shin splints, is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1993 to March 1998. On appeal is a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that, among other things, denied service connection for "left lower extremity sciatica, radiculopathy, and foot numbness." When the matter was initially before the Board in December 20108, the Bord remanded the claim for additional development. The matter has now been returned to the Board for appellate review. 1. Entitlement to service connection for a left lower extremity disability described as sciatica, radiculopathy, and foot numbness, to include as secondary to service-connected low back pain and/or left leg shin splints is remanded. Although the Board regrets the additional delay imposed on this appeal, the Veteran's claim must be remanded for an addendum opinion. In its previous remand, the Board instructed that a new examination was to be obtained, to specifically address both direct service connection and whether the Veteran's claimed left lower extremity sciatica, radiculopathy, and foot numbness symptoms are secondary to the service-connected low back pain and/or left leg shin splints. A new VA examination for the claimed disability was conducted in October 2019 wherein the examiner addressed direct service connection but did not fully address the issue of secondary service connection. More specifically, while the examiner rendered an opinion about whether the claimed disability was secondary to the Veteran's low back pain, the examiner did not address whether the claimed disability was secondary to the Veteran's left leg shin splints. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). A remand by the Board confers on the claimant a legal right to compliance with the remand orders. Stegall v. West, 11 Vet. App. 268, 271 (1998). A failure by the Board to ensure that its remand orders are complied with constitutes legal error. Id. On remand, an addendum opinion, or new opinion if necessary, must be obtained. The matters are REMANDED for the following action: Obtain an addendum opinion from the VA examiner that conducted the October 2019 VA examination or another appropriately qualified medical professional, if the October 2019 VA examiner is not available. The examiner must review the file and thoroughly address each of the following: a) Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's left lower extremity symptoms are etiologically related to, or had their onset during, the Veteran's active service. b) If not related to service, the examiner is asked to provide an opinion as to whether the claimed left lower extremity symptoms are caused OR aggravated by the Veteran's service-connected low back disability. c) If not related to service, the examiner is asked to provide an opinion as to whether the claimed left lower extremity symptoms are caused OR aggravated by the Veteran's service-connected left leg shin splints. A review of the entire file is required, but attention is directed to the VA examination from May 2016. The examiner must reconcile any conflicting medical evidence. The examiner should provide a complete rationale for any opinion provided. M. Mills Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Jiggetts 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.