Citation Nr: 18142301
Decision Date: 10/16/18	Archive Date: 10/15/18

DOCKET NO. 18-30 794
DATE:	October 16, 2018
REMANDED
Entitlement to service connection for a disability of the lumbar spine.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Navy from February 1955 to January 1959.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma.
Service Connection for Disability of the Lumbar Spine
The Veteran contends that he has a disability of the lumbar spine that is related to a motor vehicle accident he was involved in while on active duty between April 1956 and February 1957.  See July 2016 NOD, pp. 3-5, 7.  The evidence reflects that he has a current disability of the lumbar spine, and the Board finds his report of the in-service accident, and onset of symptoms, to be credible.  An examination is required.  See, e.g., McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). 
 
This matter is REMANDED for the following action:
1.  Arrange to have the Veteran scheduled for a VA examination of his thoracolumbar spine.  The examiner should review the record.  All indicated tests should be conducted and the results reported.
After examining the Veteran and reviewing the record, together with the results of any testing deemed necessary, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., whether it is 50 percent or more probable) that the Veteran has a disability of the lumbar spine had its onset in, or is otherwise attributable to, the Veteran’s period of active service.
For purposes of offering the requested opinion, the examiner should accept as true that the Veteran was involved in a motor vehicle accident during service, as described.
A complete medical rationale for all opinions expressed must be provided.
2.  After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response. 
 
DAVID A. BRENNINGMEYER
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	W.V. Walker, Associate Counsel