Citation Nr: 22012124
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 15-31 566
DATE: March 2, 2022

REMANDED

Entitlement to service connection for a cervical spine disorder, to include as secondary to service-connected residuals of a fracture to the talus of the left foot, is remanded.

Entitlement to service connection for left foot numbness, to include as secondary to service-connected residuals of a fracture to the talus of the left foot, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1969 to February 1972.

In a November 2020 decision, the Board declined to grant entitlement to service connection for a cervical spine disorder and left foot numbness.  An October 2021 Court of Appeals for Veterans Claims (CAVC) order vacated the Board's decision regarding these issues and adopted a Joint Motion for Remand (JMR) for reconsideration of the Veteran's claim. 

The JMR notes that the Board denied the claims on the basis of a January 2020 VA examiner's opinion.  However, the JMR also notes that the examiner did not provide any rationale for whether the Veteran's cervical spine or left foot were aggravated by service-connected disorders.  Therefore, a remand is needed to obtain a VA opinion that adequately addresses the issue of aggravation.

The matters are REMANDED for the following action:

1. Obtain VA treatment records since October 2020 and associate them with the claims file.

2. Forward the claims folder to an appropriate examiner for an addendum opinion concerning the nature and etiology of the Veteran's cervical spine disorder and left foot numbness.  The examiner should answer the following questions: 

(a) Is there a nearly equal or greater chance that the Veteran's cervical spine disorder is aggravated (a medically discernible increase in disability even if temporary) by his service-connected left foot tarsal fracture residuals including whether the left foot tarsal fracture residuals was a contributing factor to a falling injury resulting in a cervical spine injury. 

(b) Is there a nearly equal or greater chance that the Veteran's left foot numbness is aggravated (a medically discernible increase in disability even if temporary) by his service-connected left foot tarsal fracture residuals status post Dwyer Osteotomy surgery in 1984.

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If an examination is needed, one should be scheduled.  A complete rationale must be provided for any opinion. 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Howell, 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.