Citation Nr: 1323682 Decision Date: 07/25/13 Archive Date: 08/06/13 DOCKET NO. 09-25 722 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to service connection for lower left back and hip disorder. REPRESENTATION Appellant represented by: Massachusetts Department of Veterans Services WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD S. Higgs, Counsel INTRODUCTION The service department has verified that the appellant had active duty for training from August 1963 to February 1964. As will be discussed further below, there is evidence suggesting that he had subsequent periods of reserve duty. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision dated in January 2008 by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. The appellant provided testimony at a May 2013 hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the Virtual VA claims file. A review of the Virtual VA paperless claims processing system does not reveal any other additional documents pertinent to the present appeal. 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 At his May 2013 hearing, the appellant testified that he had additional periods of reserve duty in addition to the period of active duty for training from August 1963 to February 1964 that has been verified by the service department. The records does include a service treatment record dated in August 1965 noting that the appellant sought discharge due to a back disorder, an August 1965 letter from a service department physician recommending the appellant's discharge, and a November 1965 service department document indicating that the appellant was medically disqualified from service. Therefore, the appellant's additional service dates should be verified by the service department, and his complete official military personnel file and any additional service treatment records should be sought. See 38 C.F.R. § 5103A(a)-(c). Additionally, the Board notes that the Veteran was provided a VA examination in November 2007 VA examination; however, no opinion was provided as to whether the appellant's claimed lower left back and hip disorder was related to his military service. As a result, the examination report is inadequate, and a medical opinion is needed in this case. Further, on remand, any potentially relevant and available records of private or VA treatment for a lower left back and hip disorder should be sought for association with the claims file. See 38 U.S.C.A. 5103A(a)-(c). Accordingly, the case is REMANDED for the following action: 1. Request that the appellant identify all treatment for his back and left hip prior to his periods of military service through the present time. After obtaining any appropriate authorizations for release of medical information, the RO/AMC should seek to obtain any potentially relevant and available records that have not been previously received from each health care provider the appellant identifies. The appellant should also be advised that, with respect to private medical evidence, he may alternatively obtain the records on his own and submit them to the RO/AMC. 2. Obtain service department verification of all periods of active duty, active duty for training, and inactive duty training from 1963 to 1965. 3. Contact all necessary sources to obtain the appellant's complete official military personnel file and all additional service treatment records for the period from 1963 to 1965. The service treatment records requested should include a search for a treatment records at Chelsea Naval Hospital in approximately December 1963 during which the appellant indicates he was seen for back complaints. See May 2013 Board hearing transcript, pages 7 to 8. 4. Once all available relevant medical records have been received, the Veteran should be afforded a VA examination to determine the nature and etiology of any left lower back and hip disorder that may be present. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records, and statements. The examiner should also take a complete history from the appellant as to the nature, onset, and progression of his lower left back and hip disorder. If there is any medical basis to support or doubt the history provided by the appellant, the examiner should explain that finding in the report. The examiner should then identify all current diagnoses of a left low back and hip disorder that may be present. For each diagnosis identified, the examiner should indicate whether, in his or her opinion, the appellant's lower left back and hip disorder existed prior to his period or periods of military duty, as indicated in an August 1965 service treatment record, despite the fact that it was not noted at service department examinations in July 1963 and December 1963. The examiner should provide a fully reasoned explanation for his or her opinion. The examiner should also provide an opinion as to whether the current disorder was caused by or was chronically worsened by an injury during a period of military duty, as claimed by the appellant. In all conclusions, the examiner should identify and explain the medical basis or bases with identification of the relevant evidence of record. The examiner should provide a fully reasoned explanation for his or her opinions based on established medical principles and his or her medical expertise. 5. Readjudicate the issue on appeal. If the benefit sought remains denied, provide the appellant and his representative a supplemental statement of the case and an appropriate period of time for response. Thereafter, subject to current appellate procedure, the case must be returned to the Board for further consideration, if otherwise in order. No action is required of the appellant until he is otherwise notified by the RO/AMC. By this action, the Board intimates no opinion, legal or factual, as to any ultimate disposition warranted in this case. The appellant has the right to submit additional evidence and argument on the matter 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). _________________________________________________ JESSICA J. WILLS 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).