Citation Nr: 18147248
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 16-35 655
DATE:	November 2, 2018
REMANDED
Entitlement to service connection for a lumbosacral strain is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from December 1969 to November 1971.  This matter comes before the Board from an April 2015 rating decision.  
1. Entitlement to service connection a lumbosacral strain is remanded.
The Veteran contends that he injured his back twice while on active duty.  There is conflicting evidence about whether the Veteran’s back was injured prior to service.   The pre-induction examination does not note a back injury; however, a letter submitted to the selective service board does reference a previous back injury in January 1967 that caused the Veteran continued pain.  
The Veteran was afforded a VA examination in April 2015.  The examiner diagnosed the Veteran with a lumbosacral strain and opined that it was less likely than not related to or caused by his military service.  The examiner’s opinion was based in large part on the letter detailing a pre-service back injury.  The examiner did not review the Veteran’s pre-induction examination, noting that it was unavailable.  The pre-induction and separation examinations are in the claims file.  Additionally, the examiner did not address the Veteran’s contention that his current back condition was aggravated by the in-service injuries.  Another VA examination is warranted to determine the etiology of the Veteran’s lumbosacral strain.  Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007).
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination to determine the nature and etiology of his lumbosacral strain.  All pertinent symptomatology and findings must be reported in detail.  Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should opine: 
(a.) Identify/diagnose any disability of the lumbar spine that presently exists or that has existed during the appeal period.
(b.) State whether there is clear and unmistakable evidence (undebatable) that the Veteran had a disability of the spine prior to entering service. The findings of the pre-induction examination should be discussed along with the letter from Dr. T.D.H., dated in April 1969. That disability should be clearly identified.
(c.) For any disability of the back found to have preexisted service, state whether there is clear and unmistakable evidence (undebatable) that it was not aggravated by the Veteran’s active service. Discussion of the Veteran’s in-service treatment for low back pain and strain should be discussed.

(d.) For any disability of the back not found to have preexisted service, state whether it is at least as likely as not that it had its onset in service or within a year of service discharge or is otherwise related to his active service, to include the two back injuries in-service. 
(e.) Rationale should be provided for all opinions. 
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Rekowski, Associate Counsel