Citation Nr: 1306284	
Decision Date: 02/22/13    Archive Date: 02/27/13

DOCKET NO.  10-29 822	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUES

1.  Entitlement to service connection for a back disability. 

2.  Entitlement to service connection for a bilateral hip disability. 

3.  Entitlement to service connection for a bilateral leg disability.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Patricia Veresink, Associate Counsel


INTRODUCTION

The Veteran had active service from September 1955 to September 1957.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. 

The case was remanded by the Board in August 2012 to afford the Veteran a VA examination and obtain a nexus opinion.  The Veteran was afforded a VA examination in September 2012.  The examiner provided a nexus opinion with a sufficient rationale for that opinion.  Therefore, a review of the record indicates that the Board's directives were substantially complied with.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

The Veteran was afforded a VA examination of his back in September 2012.  The examiner performed a thorough physical examination and diagnosed lumbar stenosis and lumbar spondylosis.  The VA examiner opined that the Veteran's back disability was less likely than not incurred in or caused by the claimed in-service complaints.  In his opinion, the examiner partially relied upon a statement by the Veteran made in a 2002 VA treatment record, noting that his back problems started in 2001.  Unfortunately, that record is not associated with the claims file.  As the examiner relied upon the record, it should be associated with the claims file. 

The Board notes that the September 2012 examiner has stated that the Veteran's knee and hip complaints are related to his low back disability.  Therefore, the Board will defer a decision on those issues, until the requested development is accomplished.  

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

1.  The RO/AMC should attempt to obtain and associate with the claims file or the Veteran's virtual VA file, all VA treatment records relating to the Veteran's back, hips, knees, or radiculopathy to specifically include the March 22, 2002 primary care note, and the May 3, 2002 PMR MD Note, referenced in the September 2012 VA examination report.  All attempts to obtain these records should be documented in the claims file.   

2.  After completion of the above and any other development the RO/AMC should deem necessary, the RO/AMC should review the expanded record and determine if service connection for a back disability, hip disability, or leg disability may be granted.  The Veteran and his representative should be furnished an appropriate supplemental statement of the case, and should be afforded an opportunity to respond.  Thereafter, the case should be returned to the Board for appellate review, if otherwise in order.

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).