Citation Nr: 18148516 Decision Date: 11/07/18 Archive Date: 11/07/18 DOCKET NO. 08-20 217 DATE: November 7, 2018 REMANDED The claim for entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1974 to June 1978. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. In April 2018, the Board remanded the current issue for further development. The case has returned to the Board for appellate review. 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 April 2018 Board decision remanded the claim of entitlement to service connection for a low back disability to obtain a VA medical opinion to address whether the Veteran’s low back disability was caused or aggravated by his bilateral knee disabilities. To date, no such opinion has been provided. As there has not been substantial compliance with the directives of the April 2018 remand, the Board will remand the case again to obtain the requested opinion. See Stegall v. West, 11 Vet. App. 268 (1998) (remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand). Accordingly, the case is REMANDED for the following action: 1. Send the Veteran’s claims file to an appropriate VA clinician to issue a medical opinion as to the nature and etiology of the Veteran’s low back disability. The entire claims file, including a copy of this REMAND, must be made available to and must be reviewed by the clinician. Thereafter, the clinician should address the following: (a.) Please state whether it is at least as likely as not (50 percent or more) that the Veteran’s low back disability was caused by the Veteran’s service-connected bilateral knee disabilities. (b.) Please state whether it is at least as likely as not (50 percent probability or more) that the Veteran’s low back disability was aggravated beyond its natural progression by the Veteran’s service-connected bilateral knee disabilities. Please note it is not necessary for the evidence to demonstrate that a low back disability existed during military service in order for it to be considered due to or aggravated by another service-connected disability for VA purposes. Moreover, it is not necessary that the bilateral knee disabilities be service-connected, or even diagnosed, at the time the low back disability was incurred. In offering any opinion, please consider medical and lay evidence dated both prior to and since the filing of the claim. For any opinion provided, please provide a complete rationale. If you cannot provide an opinion without resorting to speculation, please explain why an opinion cannot be provided (e.g. lack of sufficient information/evidence, the limits of medical knowledge, etc.). 2. After completing the requested actions, and any additional action deemed warranted, readjudicate the claim on appeal. If the benefit sought on appeal 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, 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). (CONTINUED ON NEXT PAGE) 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