Citation Nr: 18145612
Decision Date: 10/30/18	Archive Date: 10/29/18

DOCKET NO. 16-38 695
DATE:	October 30, 2018
REMANDED
Entitlement to service connection for a lumbar spine disability is remanded.
REASONS FOR REMAND
The Veteran had active service from October 2008 to May 2012.
This case comes before the Board of Veterans’ Appeals (Board) on appeal of a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
Lumbar Spine Disability
The Veteran claims that service connection for a low back disability is warranted.   He contends that he sustained a low back injury during his service in Kuwait and that his duties during service in Kuwait contributed to his current back problems because he was required to carry seventy pounds of gear which put a strain on is back and caused “wear and tear.”
The Veteran submitted two VA Forms 21-4142, Authorization to Release Information to the Department of Veterans Affairs executed in April 2013.  The Veteran identified records from Onslow Primary Care and Onslow Memorial Hospital dated in March 2013.  A review of the claims file does not reveal that the RO made any attempt to obtain these records.  On remand, a request for said records should be undertaken.

Additionally, the Veteran was afforded a VA examination for his claimed lumbar spine disability in March 2014.  The Veteran reported that his back started hurting while he was serving in Kuwait in 2011.  He indicated that an x-ray was obtained and he was assessed with strain.  The examiner diagnosed the Veteran with lumbosacral strain and early degenerative changes of the lumbosacral spine.  However, no etiology opinion was requested or obtained.  VA is obligated to provide an adequate examination once it chooses to administer one.  See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).  Consequently, an etiological opinion should be obtained with regard to the lumbar spine disability.
The matter is REMANDED for the following action:
1.  Obtain the necessary medical release forms from the Veteran and then request records from Onslow Primary Care and Onslow Memorial Hospital dated in March 2013.  Any negative responses should be associated with the claims file.  
2.  Then, submit the Veteran’s claims file to the examiner who conducted the March 2014 VA examination or to a clinician with similar expertise.  The claims file should be provided and a complete rationale should be provided for any opinion expressed.  The examiner is requested to address whether it is as likely as not (50 percent probability or greater) that a lumbar spine disability first manifested in service or within a year after discharge, or is otherwise related to active service, to include the Veteran’s claimed back injury in service and his duties in service.  The examiner must consider the Veteran’s statements regarding a continuity of symptomatology since service.  Dalton v. Nicholson, 21 Vet. App. 23 (2007).  If the examiner determines that another examination is necessary in order to render the opinion, an examination should be scheduled.  
3.  Then, readjudicate the claim.  If action remains adverse to the Veteran, issue a supplemental statement of the case, allow the appropriate time for response, and then return the case to the Board.  
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel