Citation Nr: 18148368
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 16-07 504
DATE:	November 7, 2018
REMANDED
Entitlement to service connection for a back disability is remanded.
REASONS FOR REMAND
The Veteran service on active duty from December 2006 to December 2010. 
1. Entitlement to service connection for a back disability is remanded.
With regard to the claim for service connection for a back disability, the Veteran was provided a VA examination in January 2013 to assess the nature and etiology of any claimed back disability.  The Board finds that the 2013 VA examination to be incomplete.  In that examination, while the examiner outlined a review of the Veteran’s medical history, and diagnosed the Veteran with a low back strain, the examiner’s report was silent on any opinion regarding the etiology of the back disability.  Therefore, the Board finds that examination to be incomplete and further development is required for VA to fulfill its duty to assist the Veteran.  Barr v. Nicholson, 21 Vet. App. 303 (2007).  When medical evidence is inadequate, VA must supplement the record by seeking an advisory opinion or ordering another medical examination.  Colvin v. Derwinski, 1 Vet. App. 171 (1991); Hatlestad v. Derwinski, 3 Vet. App. 213 (1992).
The matter is REMANDED for the following action:
1. Obtain all VA treatment medical records not already of record.
2. After obtaining appropriate authorization, obtain any private treatment records identified by the Veteran.
3. Then, schedule the Veteran for a VA spine examination with a medical doctor.  The examiner must review the claims file and should note that review in the report.  The examiner is asked to opine whether it is as likely as not (50 percent or greater) that any diagnosed back disability is related to active service or any incident of active service.  The examiner must explicitly speak to the Veteran’s lay contentions of incurring a back disability during service.  A complete rationale for any opinion expressed should be included in the examination report.
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Zi-Heng Zhu, Associate Counsel