Citation Nr: 1329239 Decision Date: 09/12/13 Archive Date: 09/20/13 DOCKET NO. 12-19 470 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUE Entitlement to service connection for a low back disability, to include lumbar degenerative joint disease. ATTORNEY FOR THE BOARD L. Willis, Associate Counsel INTRODUCTION The Veteran served on active duty in the Navy from April 1979 to July 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Winston Salem, North Carolina. 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 discharged from the Navy after 3 months of service. The Veteran was not afforded a separation examination, but had been treated in the sick bay for lower back problems several days prior to his separation. There is no explanation in the record for the Veteran's short period of service. Nor are there any records of reports of the injury that precipitated the sick bay visits. Therefore, the Board finds it necessary to request the Veteran's service personnel records which may give a more detailed picture of the circumstances surrounding the Veteran's discharge. It is also noted that the Veteran indicated that he had been treated at Cape Fear Valley Medical Center (CFV) from 1998 to present, however, CFV only produced records from 2004. Since it is unclear whether or not the Veteran was treated at CFV prior to 2004, the Veteran should be asked to provide or identify any such additional records from that facility. Lastly, the Board finds it necessary to remand for another VA examination (VAX). Here, at October 2010 VAX, the examiner noted that the Veteran "did not state any specific injury before [his sick bay visits], just special training." See October 2010 VAX. However, the Veteran thereafter appeared to state that there was an injury in service. See February 2011 Notice of Disagreement. The Veteran's sister also indicated that the Veteran told her that "he had injured his back during some kind of training exercise." See May 2010 Statement. As the examiner appeared to find it significant that there was no specific injury in service, another examination is warranted. Accordingly, the case is REMANDED for the following action: 1. Obtain the Veteran's complete service personnel records. 2. Contact the Veteran and request that he provide or authorize the release of records from the Cape Fear Valley Medical Center, dating from 1998 to 2004. He should also be asked to provide or identify any other medical records pertaining to the lumbar spine disability. If, after making reasonable efforts to obtain named non-VA records the AMC is unable to secure same, or if after continued efforts to obtain federal records it is concluded that it is reasonably certain they do not exist or further efforts to obtain them would be futile, the AMC must notify the Veteran and (a) identify the specific records the AMC is unable to obtain; (b) briefly explain the efforts that the AMC made to obtain those records; (c) describe any further action to be taken by the AMC with respect to the claim; and (d) inform the Veteran that he is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond. 3. After completion of the above, schedule the Veteran for a spine examination. The claims folder should be made available to and be reviewed by the examiner in conjunction with the examination. The examiner's attention is drawn to the Veteran's statement in the February 2011 Notice of Disagreement and the Veteran's sister's May 2010 Statement which appear to indicate that the Veteran was injured during special training. The examiner should request information from the Veteran concerning any spine injury that occurred during service and any symptoms that continued after service. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current lumbar spine disorder, including, degenerative joint disease, began in or is related to any incident of military service. In that regard, the examiner's attention is directed to the service treatment records showing treatment for back symptoms/strain. A complete rationale must be provided the opinion. 4. Ensure the development outlined above has been accomplished, that the examination report is adequate, and then arrange for any additional development indicated. Then readjudicate the claim on appeal. If the benefit sought remains denied, issue an appropriate supplemental statement of the case and provide the Veteran the requisite time to respond. The case should then be returned to the Board for further appellate review, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or 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). _________________________________________________ S.S. TOTH 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).