Citation Nr: 18144851 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 15-00 155A DATE: October 25, 2018 REMANDED The claim of entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1976 to March 1979. This matter comes before the Board of Veterans’ Appeals (Board) on an appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office in Des Moines, Iowa. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the Veteran if further action is required. Although the Board regrets the additional delay, further development is necessary prior to adjudication of the claim of entitlement to service connection for a low back disability. The evidence of record includes a May 2014 VA examination which diagnosed the Veteran with degenerative arthritis of the spine, as reflected on x-ray. The examiner concluded that the Veteran’s back condition was not as least as likely caused by injury or an event during military service. The examiner based his conclusion on the fact that the only related incident noted in the service treatment records was a contusion to the back resulting in tenderness and swelling that was treated and resolved. The examiner also noted that the separation examination was unremarkable for back issues. The Board notes that the evidence of record contains contentions by the Veteran that have not been addressed. Specifically, the Veteran contends that his low back pain started in 1979 and that, rather than a specific incident, his pain was caused by his carrying heavy gear as an infantryman. According to the Veteran, his pain has gotten progressively worse since service. The Veteran’s DD Form 214 reflects the Veteran’s military occupational specialty was infantryman. As the VA examiner did not address whether the Veteran’s back disability was related to the heavy gear he reported carrying and did not address the Veteran’s report of pain since service, the Board finds that a remand is necessary for an additional examination. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (once VA undertakes the effort to provide an examination when developing a service-connection claim, it must provide an adequate one). The matter is REMANDED for the following action: 1. Obtain any outstanding VA treatment records relevant to the Veteran’s arthritis of the low back. 2. After all available records have been associated with the claims file, schedule the Veteran for a VA examination to determine the nature and etiology of his arthritis of the low back. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion regarding whether it is at least as likely as not (50 percent probability or more) that the Veteran’s arthritis of the low back is causally related to his active service. Please explain why or why not, specifically considering and discussing the Veteran’s claims that he experienced pain during service cause by carrying heavy gear and that his pain has gotten progressively worse since service. The examiner is advised that the Veteran is competent to report symptoms and that his reports must be considered in formulating the requested opinions. If the Veteran’s reports are discounted, the examiner should provide a reason for doing so. A complete rationale for the examiner’s opinion should be provided, citing to specific evidence of record, as necessary. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and whether there is additional evidence that would permit the opinion to be provided. 3. After completing the requested actions, and any additional action deemed warranted, readjudicate the claim of entitlement to service connection for arthritis of the low back. If the benefit sought remains denied, provide a supplemental statement of the case to the Veteran and his representative and afford them an opportunity to respond. Then, return the case to the Board for further consideration, if in order. 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). The claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the 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. §§ 5109B, 7112. S. C. KREMBS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Snyder, Associate Counsel