Citation Nr: 22013496 Decision Date: 03/09/22 Archive Date: 03/09/22 DOCKET NO. 16-53 886 DATE: March 9, 2022 REMANDED Entitlement to service connection for degenerative disc disease of the cervical spine is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1984 to November 1991. In September 2019, a videoconference hearing was held before the undersigned. A transcript of the hearing is associated with the Veteran's claims file. By decision dated in December 2019 the Board found that the claim of service connection for degenerative disc disease (DDD) of the cervical spine had been reopened, but that service connection for degenerative disc disease of the cervical spine was denied. The Veteran appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court), and the Board's decision was vacated pursuant to an August 2021 memorandum decision. Entitlement to service connection for degenerative disc disease of the cervical spine is remanded. The Board, its now vacated August 2021 decision, relied primarily on a September 2016 VA medical opinion to deny service connection for DDD of the cervical spine. In doing so, the Board found the September 2016 VA examiner's opinion that the claimed disability was most likely age-related to be more persuasive than June and November 2012 private medical opinions, because the September 2016 VA examiner accounted for x-rays that revealed no abnormality in 1994 whereas the latter private opinions did not. In the Court's August 2021 memorandum decision, it was determined that the September 2016 VA examiner failed to inform the Board how he concluded that cervical DDD "[could not] be a result of military service[,] having occur[r]ed after [April 1994]." In particular, it was noted that the September 2016 VA examiner's opinion did not account for the contrary June 2012 medical opinion wherein it was stated that "any strain or sprain that is not structurally treated in a timely manner will develop into a DDD type of problem over time." The Court stated that if "the September 2016 examiner believed that a cervical strain [could] never develop into DDD, or that it could, but [the Veteran's] DDD diagnosis more than 3 years after service meant that his DDD was unrelated to service," the examiner did not actually state that. After review of the Court's decision, the Board finds that an addendum opinion is necessary. The matters are REMANDED for the following action: (Continued on the next page) Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's DDD of the cervical spine is at least as likely as not related to service. The examiner should review the claims file and, specifically, all medical opinions already of record and address the significance, if any, of the 1994 X-ray findings as they relate to the Veteran's current disability. The examiner should also address the June 2012 medical opinion's comment that "any strain or sprain that is not structurally treated in a timely manner will develop into a DDD type of problem over time. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joseph P. Gervasio 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.