Citation Nr: 25004013 Decision Date: 03/25/25 Archive Date: 03/25/25 DOCKET NO. 16-32 370 DATE: March 25, 2025 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a left leg disability (claimed as numbness) as secondary to a low back disability is remanded. Entitlement to service connection for a right leg disability (claimed as numbness) as secondary to a low back disability is remanded. Entitlement to service connection for a left hand disability (claimed as numbness) as secondary to a neck disability is remanded. Entitlement to service connection for a right hand disability (claimed as numbness) as secondary to a neck disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1993 to August 1996. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In a December 2019 decision, the Board denied, among other issues, the Veteran's claims for service connection for a low back, neck, bilateral leg, and bilateral hand disabilities. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court) and in a December 2020 Order, the Court granted a Joint Motion for Partial Remand (JMPR) and vacated, in part, the Board's December 2019 decision with regard to the issues of service connection for back, neck, and bilateral leg and hand disabilities on a secondary basis, and remanded the matter to the Board consistent with the terms of the JMPR. In a September 2021 decision, the Board denied service connection for low back, neck, bilateral leg, and bilateral hand disabilities. The Veteran appealed the decision to the Court, which granted an October 2022 Joint Motion for Remand (JMR) that vacated the Board's September 2021 decision and remanded the case to the Board for action consistent with the JMR. In a February 2024 decision, the Board again denied service connection for low back, neck, bilateral leg, and bilateral hand disabilities. The Veteran appealed the Board's decision to the Court, which granted a November 2024 JMR that vacated the Board's February 2024 decision and remanded the case back to the Board for action consistent with the JMR. 1. Entitlement to service connection for a low back disability. 2. Entitlement to service connection for a neck disability. The Veteran contends his current low back and neck disabilities developed as a result of a fall in a storeroom during his service. In the November 2024 JMR, the parties agreed that the Board erred by failing to provide an adequate statement of reasons or bases for its decision and by failing to ensure compliance with a remand directive. The parties agreed that in the October 2022 JMR, the Board was directed to "direct the new VA examiner to discuss Appellant's lay statements and testimony of symptoms since service." The parties found that the April 2023 VA examiner did not discuss the Veteran's lay statements and testimony of symptoms since service, and thus, that the Board did not ensure compliance with the October 2022 JMR directives. Accordingly, remand is necessary to obtain an addendum opinion that complies with the October 2022 JMR directives and discusses the Veteran's lay statements and testimony of symptoms since service. 3. Entitlement to service connection for a left leg disability (claimed as numbness) as secondary to a low back disability. 4. Entitlement to service connection for a right leg disability (claimed as numbness) as secondary to a low back disability. 5. Entitlement to service connection for a left hand disability (claimed as numbness) as secondary to a neck disability. 6. Entitlement to service connection for a right hand disability (claimed as numbness) as secondary to a neck disability. In the November 2024 JMR, the parties agreed that the issues of service connection for a bilateral leg disability as secondary to a low back disability and bilateral hand disability as secondary to a neck disability are inextricably intertwined with the issues of entitlement to service connection for a low back disability and a neck disability. Accordingly, these claims must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991). By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician assessing the nature and etiology of the Veteran's low back and neck disabilities. The claims file must be reviewed by the examiner. The examiner should address the following: (a.) Is it at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's low back disability was incurred during service or is otherwise etiologically related to his active service? (b.) Is it at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's neck disability was incurred during service or is otherwise etiologically related to his active service? In providing the above requested opinions, the examiner must consider and discuss the Veteran's lay statements and testimony of symptoms since service, to include his July 2019 hearing testimony. The Veteran stated that since his fall in the storeroom in March 1995 where he injured his back and neck, "the pain would come and go through the years, and then started getting progressively worse through the years to the point where I started having degenerative discs, pinched nerves, sharp needle pains up and down my back, and also the arthritis..." See July 2019 Board Hearing Transcript. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bruce, Associate 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.