Citation Nr: 18140958
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 16-52 044
DATE:	October 9, 2018
REMANDED
Entitlement to service connection for a low back disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1963 to August 1965.  
This matter is on appeal from an April 2014 rating decision.  
The Veteran testified before the undersigned Veterans Law Judge during a March 2018 hearing.
The Board cannot make a fully-informed decision on the issue of entitlement to service connection for a low back disability because no VA examiner has opined whether the Veteran’s currently diagnosed degenerative arthritis of the lumbosacral spine is related to the low back injury in service from lifting heavy items.  
In this regard, although the September 2016 VA examiner provided a negative etiology opinion, this opinion was seemingly solely based on the lack of evidence of treatment for 47 years post-service.  However, the examiner did not address the Veteran’s testimony that he continued to experience low back pain intermittently after this injury which became more severe in or around 2013, and received treatment for low back pain from a private chiropractor one month after his discharge.  See March 2018 hearing transcript, October 2016 substantive appeal on a VA Form 9, and August 2013 VA treatment record.
The matter is REMANDED for the following action:
1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s degenerative arthritis of the lumbosacral spine is at least as likely as not related to the low back injury in service from lifting heavy items.
The examiner should consider the service treatment records documenting complaints of, and treatment for, low back pain with an assessment of acute lumbar strain.  
The examiner should also consider the Veteran’s reports that he continued to experience low back pain intermittently after this injury which became more severe in or around 2013, and received treatment for low back pain from a private chiropractor one month after his discharge from service.
The examiner should provide a comprehensive medical rationale for any opinion offered.  In forming an opinion, the examiner should not rely solely on the absence of corroborating evidence (of either treatment or a diagnosis).  If the examiner cannot offer an opinion without resort to speculation, he or she should explain why and state what additional evidence, if any, would be required to offer an opinion.
2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs