Citation Nr: 18151969
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 14-44 043A
DATE:	November 20, 2018
REMANDED
Service connection for lumbosacral degenerative disc disease (DDD) is remanded.
REASONS FOR REMAND
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.  The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge on July 2018.  A transcript of the hearing is in the Veteran’s file. The Veteran served on active duty from June 1990 to May 1998 and from March 2002 to March 2003.
1. Service connection for lumbosacral degenerative disc disease (DDD) is remanded.
The Veteran contends he suffered a back injury in service that resulted in low back degenerative disc disease.
There are confusing medical entries addressing the nature and etiology of the Veteran’s current back disorder. The Veteran’s November 2002 service treatment record documents he had a worsening sore back for a week after lifting road block bollards.  An April 2008 VA treatment record found early degenerative osteophytosis present at L3-4 and L4-5, and subsequent VA treatment records dated in July 2009 show he was diagnosed with low back degenerative disc disease.  However, October 2012 x-rays were interpreted as revealing normal findings, and for his part, the Veteran submitted a statement from a private physician who apparently acknowledged the Veteran had pain free intervals since service, but he considered the Veteran as having “a chronic low back syndrome after being injured on active military duty.”  
In these circumstances, an examination and opinion that clarifies the nature of the Veteran’s current low back disability, and whether it had its onset in service is warranted.  McLendon v. Nicholson, 20 Vet. App. 79 (2006); see also 38 U.S.C. § 5103A (d)(2), 38 C.F.R. § 3.159 (c)(4)(i).  
The matter is REMANDED for the following action:
1. Obtain any outstanding VA and/or private treatment records relevant to the claims on appeal.
2. Schedule the Veteran for a VA examination by a qualified clinician to determine the nature and etiology of any low back disability.  Any indicated tests or studies should be accomplished. 
The examiner is asked to provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any currently diagnosed low back disability had its onset in service, or is otherwise related to an in-service disease or injury.  In offering the opinion, the examiner should note the entries in the record indicative of degenerative disc disease, degenerative osteophytosis and chronic low back syndrome, as well as the Veteran’s in-service complaints.  
All opinions are to be accompanied by a complete rationale consistent with the evidence of record.    
3. After completing the requested actions, and any additional development deemed warranted, readjudicate the claim in light of all pertinent evidence and legal authority.  If the benefit sought remains denied, furnish to the Veteran and his representative a Supplemental Statement of the Case and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration.
 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Jaigirdar, Associate Counsel