Citation Nr: 18151192
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 15-10 397A
DATE:	November 20, 2018
REMANDED
Entitlement to service connection for lumbosacral mild degenerative disc disease with right lower leg recurrent sciatica is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from April 1981 to April 1985.  A hearing was not requested.
Entitlement to service connection for lumbosacral mild degenerative disc disease with right lower leg recurrent sciatica is remanded.
The May 2013 VA back examination contains a diagnosis of lumbosacral mild degenerative disc disease with right lower leg recurrent sciatica.  The Veteran argues that this disorder is the result of an in-service back injury.  See January 1983 service treatment record (received 6/16/14, page 2 of 111).  
A May 2013 VA medical opinion concludes that the Veteran’s back disorder is less likely than not related to service.  The basis is that that there is no evidence of back pain between the time of the in-service injury and October 2012, when the Veteran established primary care at the VA.  This opinion does not consider the Veteran’s lay testimony that she has experienced back pain since the time of her injury.  See November 2017 statement; June 2012 statement.  An addendum opinion is required.  
Additionally, on remand the RO should obtain all relevant VA treatment records dated from January 2015 to the present before the issues on appeal are decided on the merits.  Bell v. Derwinski, 2 Vet. App. 611 (1992).  
The matter is REMANDED for the following action:
1. Obtain all VA treatment records from January 2015 to the present.  If no records are available, the claims folder must indicate this fact.  Any additional records identified by the Veteran during the course of the remand should also be obtained, following the receipt of any necessary authorizations from the Veteran, and associated with the claims file.
2. After obtaining any additional records to the extent possible, an examiner should review the entire claims file and provide the following opinions:
(a.) Whether the Veteran has any current or previously-diagnosed back disorder with sciatica. 
(b.) Whether it is at least as likely as not (a 50 percent or better probability) that any current or previously-diagnosed back disorder with sciatica was incurred in the Veteran’s service.  
In rendering these opinions, the examiner should consider the Veteran’s June 2012 and November 2017 statements describing her in-service injury and how she has experienced pain since the time of that injury.  The examiner should also consider the January 1983 service treatment record (received 6/16/14, page 2 of 111) indicating one week of low back pain.  
The examiner should provide a complete rationale for any opinions offered.  If the examiner is unable to provide any requested opinion without resort to speculation, he or she should explain why this is so.
 
Michael J. Skaltsounis
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Cannon, Associate Counsel