Citation Nr: 18145636
Decision Date: 10/30/18	Archive Date: 10/29/18

DOCKET NO. 17-58 632
DATE:	October 30, 2018
REMANDED
Service connection for degenerative arthritis and spondylosis of the lumbar spine is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1966 to May 1968.
The Veteran filed a Form 9 (substantive appeal) in October 2017 requesting a Board hearing. A hearing was scheduled in September 2018. The Veteran did not appear. Consequently, the Board finds that the Veteran has waived his right to this hearing.
1. Service connection for degenerative arthritis and spondylosis of the lumbar spine is remanded.
The service treatment records (STRs) note reports of a sore back in August 1966. The Veteran was afforded a VA examination in December 2014. The examiner opined that the Veteran’s back arthritis and “neuro problems” were “hardly likely consequences of the 8/24/66 sore back.” The examiner stated, “his issues are all to the forefront since he retired in 2013 and seen [sic] neurological in nature.” 
In contradiction to the examiner’s report, the Veteran’s treatment records note reports of back pain prior to 2013. See December 2006 treatment records. In addition to basing his opinion on an inaccurate factual premise, the examiner stated that the Veteran’s issues appeared to be neurological in nature.  However, he has been diagnosed with arthritis. The examiner also did not explain why the Veteran’s current arthritis could not be related to his reports of back pain in service. Therefore, the Board finds the December 2014 opinion inadequate and a new examination must be obtained.
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination to determine the etiology of his back disability. The claims file and a copy of this remand must be provided to the examiner for review. Any indicated tests or studies should be completed. Based on examination of the Veteran and review of his claims file, the examiner should provide an opinion that responds to the following:
Is it at least as likely as not (a 50 percent probability or greater) that the Veteran’s back disability was incurred during his period of active military service, within one (1) year of service discharge, or is otherwise related or attributable to his period of active service, specifically his report of a sore back in August 1966? 
A detailed explanation (rationale) is requested for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested).
If the requested opinion cannot be provided without resort to speculation, the examiner should state this AND must explain WHY an opinion cannot be provided without resort to speculation (including whether an opinion is beyond what any medical practitioner might be able to provide, based on the evidence of record and current medical knowledge).
 
ERIC S. LEBOFF
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. D’Allaird, Associate Counsel