BVA Case 21-0365: Psychiatric

He also explained that the veteran's left shoulder condition was caused by use of a cane to stabilize a gait abnormality created by the left ankle injury and opined that both conditions were at least as likely as not related to the left ankle condition.

May 2020 Board Remand and July 2020 VA Opinion In a May 2020 order,the Board remanded the matters on appeal for a new medical opinion, finding the December 2019 examiner's opinion inadequate because it did not consider the private physician's opinions that the veteran's cervical spine and left shoulder disabilities resulted from altered body mechanics and cane use.

November 2020 Board Decision In the November 2020 decision on appeal,the Board denied service connection for a cervical spine disability and a left shoulder disability.

The Board noted that in October 2002 the veteran was diagnosed with cervical spine degenerative disc disease,herniated disc, and straightening of the cervical spine consistent with muscle spasm.

Therefore,the Board found that medical opinions based on the veteran's lay statements were of little probative value.

The Board found that the physician also provided contradictory opinions as to the left shoulder, first finding that it was caused by years of cane use but then finding that the veteran's cervical spine disability caused him to overuse his left shoulder.

The Board found that the cumulative medical opinions provided by veteran's private physician were less probative than the combined December 2019 and July 2020 VA medical opinions.

The Board addressed the veteran's argument that the July 2020 examination was inadequate for rating purposes because it did not address statements from his private physician.