Citation Nr: 18149411
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 16-34 307
DATE:	November 9, 2018
REMANDED
Service connection for degenerative joint disease, lumbosacral spine (claimed as lower back) is remanded.
REASONS FOR REMAND
The Veteran served in the United States Marine Corps from January 2007 to August 2007 and from December 2008 to January 2010.  The Veteran also spent additional time in a United States Marine Corps reserve unit.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision.
Entitlement to service connection for low back disability is remanded.
The Veteran stated in his February 2013 Application for Benefits that his lower back disability began in April 2009 during his deployment to Iraq.  He states the causes of his disability are from wearing a heavy flack jacket for extended periods of time and from Marine Corps martial arts training which took place in Iraq.   
The Board cannot make a fully-informed decision on the issue of service connection for low back disability because no examiner has addressed the nature of the Veteran’s low back disability and opined as to the etiology of his low back disability for direct service connection.  On VA examination dated December 2013 the examiner opined that the Veteran does have a current disability of the thoracolumbar spine.  The examiner further opined that the Veteran’s low back disability was less likely than not related to specific exposure during his service in SW Asia, which addresses presumptive service connection but not direct service connection as is required.  See Combee v. Brown, 34 F.3d 1039, 1043-1044 (Fed.Cir.1994).  The examiner stated that there was a clear etiology for the disability, however, the examiner never stated what the clear etiology is.  
The record reflects that some of the Veteran’s service treatment records (STRs) were not available for review.  As VA is missing records, there is a heightened duty on the part of VA to consider the applicability of the benefit of the doubt, to assist the claimant in developing the claim, and to explain its decision. Cromer v. Nicholson, 19 Vet. App. 215 (2005).   
The matter is REMANDED for the following actions:
1. Obtain and associate with the claims file any outstanding STRs treatment which may be relevant to the claim.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any low back disability.
3. The examiner must opine whether it is at least as likely 
 
as not that any low back disability is related to an in-service injury, event, or disease.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Robert Cordingley, Associate Counsel