Citation Nr: 18149898 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 14-40 461 DATE: November 14, 2018 REMANDED Service connection for a lumbar spine disability is remanded. Service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran asserts he has a lumbar spine disability and a right knee disability due to service. Service treatment records do reflect complaints related to the back and right knee. 12/17/2013 STR-Medical Photocopy at 1, 3-4. A May 2014 VA examination, which did not involve a physical, reflects a diagnosis of multi- level degenerative disc disease of lumbar spine, and osteoarthritis of the right knee. With regard to the lumbar spine, the examiner noted that the Veteran entered the VA system for health care in 2013 with a history of chronic low back pain. The examiner stated that it had been present since he was in boot camp over 45 years ago. Service treatment record review shows a complaint of back pain secondary to lifting in April 1970. He was diagnosed with muscle strain. The examiner found no further documentation of a back condition or residual of the aforementioned strain of the Veteran’s back. The Veteran was seen again in February 1971 for muscle strain related to lifting. There was no evidence of blunt trauma to the lower spine. The separation examination in October 1971 was silent for residuals of a back injury. The Veteran has reported a 40-year history of back pain with injection to back done in 1972. He also reported “a few injuries over the years.” The examiner found that chronicity of a back condition was not supported by the available clinical information reviewed. With regard to the right knee, the examiner acknowledged a contusion to the right knee with swelling and ecchymosis in January 1969 and a small abrasion in November 1970. An October 1971 separation examination was silent for a residual knee condition. The Veteran reported to orthopedic service that he fell on the deck of his ship injuring both knees in 1969. The examiner stated that there is no evidence of a severe enough knee injury to cause residuals over 40 years later. Chronicity of a knee condition is not supported. In a May 2014 statement, the Veteran reported that he had undergone 13 years of therapy on his mid-back. 05/28/2014 VA 21-4238 Statement in Support of Claim. In an October 2014 statement, the Veteran’s sister stated that she took the Veteran to Dr. C.K., who gave him injections in the knees and back for 25-30 years. The Veteran also told his sister about his drill instructor kicking him in the back. Since he was in service, he has had problems with his back and knees. 10/30/2014 Buddy/Lay Statement. As detailed, the May 2014 VA examiner provided negative etiological opinions in reliance on part of a lack of continuity of symptomatology. Addendum opinions should be sought in consideration of the lay assertions of the Veteran and the Veteran’s sister regarding claimed treatment pertaining to his knees and lumbar spine. The matters are REMANDED for the following action: 1. Request that the May 2014 VA examiner (or another examiner with appropriate expertise) review the claims folder and proffer etiological opinions pertaining to the lumbar spine and right knee. The examiner should respond to the following: a) Please state whether it is at least as likely as not that a lumbar spine disability is due to the Veteran’s period of active service; and, b) Please state whether it is at least as likely as not that a right knee disability is due to the Veteran’s period of active service. Consideration must be given to the diagnoses of record and the lay assertions of the Veteran and his sister. The examiner is advised that the Veteran and his sister are competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran’s reports of symptomatology, he or she must provide a reason for doing so. (Continued on the next page)   An examination should be scheduled if deemed necessary by the examiner. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M.W. Kreindler, Counsel