Citation Nr: 18144844
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 14-02 707
DATE:	October 25, 2018
REMANDED
Entitlement to service connection for a lumbar spine disorder is remanded.
REASONS FOR REMAND
The Veteran served in the Army National Guard from July 1986 to November 1986, and again from January 1991 to March 1991.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in North Little Rock, Arkansas. In April 2014 the Veteran testified at a hearing before the undersigned Veterans Law Judge.
This case is advanced on the docket based on financial hardship. 
In June 2014 the Board remanded the issue of entitlement to service connection for a lumbar spine disorder. Among other instructions, the RO was directed to, and did, obtain from the Social Security Administration (SSA) a copy of its decision regarding the Veteran’s claim for SSA disability benefits, as well as the medical records relied upon in that decision. Remand was also ordered for the RO to obtain a medical opinion addendum from the VA examiner who conducted the April 2012 examination in light of the SSA records and any other files newly associated with the record. 
The addendum was not obtained. Due to this noncompliance, the Board must unfortunately remand the claim for additional development. Stegall v. West, 11 Vet. App. 268, 271 (1998); Dyment v. West, 13 Vet. App. 141, 147 (1999).
As a final matter, the Board notes that the RO, in substantial compliance with the June 2014 directive to obtain copies of all clinical records of the Veteran’s treatment by Dr. D.L., did mail the appropriate authorization forms to the Veteran for him to complete and return. The Veteran did not respond to the RO’s request within 30 days, and thus such treatment records were never associated with the Veteran’s claims file. The Board will now remand for an additional attempt to obtain these records.
The matter is REMANDED for the following action:
1. First, undertake appropriate efforts to obtain and associate with the claims file any records of treatment by Dr. D.L.
2. Once the additional records, if any, from Dr. D.L. have been associated with the file, obtain a medical addendum from the VA examiner who conducted the April 2012 examination or, if unavailable, from another examiner. (Even if no additional records are obtained, an addendum must be obtained.) Prior to performing the examination, the examiner should review the record, including the SSA records, as well as any records of treatment by Dr. D.L. that come to be associated with the file. 
The examiner should provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not (‘50/50’) that any current lumbar spine disorder had its clinical onset during service or is related to any in-service disease, event, or injury. The examiner should provide a complete rationale for all opinions expressed and conclusions reached.
3. After completing the above, and any other development deemed necessary, readjudicate the Veteran’s claims based on the entirety of the evidence. If the benefits sought on appeal are not granted to the Veteran’s satisfaction, he and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response.
The Veteran 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 for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112.
 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Davis, Associate Counsel