Citation Nr: 22004366
Decision Date: 01/27/22	Archive Date: 01/27/22

DOCKET NO. 15-02 875
DATE: January 27, 2022

REMANDED

Entitlement to service connection for lumbar disorder is remanded.

Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to lumbar disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1997 to November 1997.  These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

These matters were previously before the Board in January 2019.

1. Entitlement to service connection for lumbar disorder is remanded.

Remand is necessary to comply with the January 2019 Remand directions.  See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that the Board errs as a matter of law when it fails to ensure compliance with its remand orders).  Specifically, the Remand outlined evidence in the Veteran's service treatment records (STRs) and directed the AOJ to obtain a VA medical opinion addressing whether a low back disorder pre-existed entry into service, whether a pre-existing low back disorder was aggravated in service, and whether there was a relationship between the current disorder and the in-service events described by the Veteran.  Additionally, the Remand directed the clinician who completed the VA medical opinion to address the significance of STR studies suggesting degeneration.  

The October 2021 VA medical opinion failed to answer several questions and failed to provide sufficient rationale for its findings.  Thus, remand is required.

2. Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to lumbar disorder, is remanded.

As noted in the prior Remand, the issue of entitlement to service connection for an acquired psychiatric disorder is intertwined with the lumbar spine issue.  Accordingly, further consideration is deferred until the development requested for the lumbar disorder is completed.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's low back disorder.  The clinician must review the STRs as well as all post-service records on file.  The clinician must address the following, providing rationale to support all determinations:

a) Is there clear and unmistakable evidence that a low back disorder of any type pre-existed entry into service?

b) If yes, is there clear and unmistakable evidence that the pre-existing disorder did not undergo aggravation beyond its normal progress in service?

c) If no, is the Veteran's current low back disorder at least as likely as not related to service, including the October 1997 STR radiology report with the impression of "Mild degenerative changes of the lumbosacral spine, more marked at the level of  L5-S1 . . ."

2. Then, readjudicate the claim.  If the benefits sought remain denied, issue a supplemental statement of the case and return the matters to the Board if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Ripplinger, 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.