Citation Nr: 18151266
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 14-41 499A
DATE:	November 16, 2018
REMANDED
Entitlement to service connection for lumbar disc degeneration of the lower back is remanded.
REASONS FOR REMAND
The Veteran had active service from December 1967 to December 1970.
This case comes before the Board of Veterans’ Appeals (Board) on appeal of an May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona.
The Board notes that the Veteran has consistently stated he experienced combat during his service in Vietnam, including in an August 2013 lay statement where he reported being thrown a few feet more than once during a convoy ambush and suffering a broken pelvis. The RO determined that the medical evidence fails to show a nexus between service and the Veteran’s present condition. However, the Veteran has not been afforded a VA examination to determine the etiology of his degenerative arthritis of the lower back. The Veteran should be afforded a VA examination so that not only the nature and symptoms of his claimed back disorder are clear to the examiner, but also so that the examiner has an opportunity to consider his lay contentions in rendering a nexus opinion.  This must be corrected on remand.  
The matter is REMANDED for the following action:
1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all VA and private treatment records concerning these claims.
2. Schedule the Veteran for a VA spine examination, conducted by an appropriate clinician who has reviewed the claims file, to determine the nature and etiology of any current low back disorders. The examiner should clearly state which, if any, disorders have been present during the pendency of this appeal (i.e., since October 2011).  Due consideration must be provided to the Veteran’s lay contentions. If any disorders are diagnosed, the examiner must opine whether any acquired low back disorders are at least as likely as not (50 percent probability or greater) related to service and any incident therein. All opinions must be supported by a rationale.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Banks, Associate Counsel