Citation Nr: 18152361
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 16-51 703
DATE:	November 21, 2018
REMANDED
Entitlement to service connection for a low back disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1989 to May 2011.  She received the National Defense Service Medal, Southwest Asia Service Medal, Sea Service Deployment Ribbon, Navy “E” Award, and Good Conduct Award. 
Service Connection for a Low Back Disability
The May 2015 examiner opined that the Veteran did not have a current disability. See June 2015 VA Examination, p. 12.  However, the Veteran has submitted competent and credible evidence of a current diagnosis and treatment for such diagnosis. See October 2016 Private Treatment Records, pp. 1-4.  On remand, the Agency of Original Jurisdiction should take appropriate steps to obtain an opinion from a different examiner on whether the Veteran’s current back disability is etiologically related to her service. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).
The matter is REMANDED for the following action:
Obtain a new VA opinion that addresses the nature and etiology of the Veteran’s low back disability.  If deemed necessary by the examiner, schedule the Veteran for an examination.  Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished.  The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history and assertions.
The examiner should offer comments, an opinion and a supporting rationale that addresses whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s low back disability is etiologically related to her active duty service.  In providing this opinion, the examiner must address the Veteran’s in-service complaints of back pain. See December 2015 VA Treatment Records, pp. 1-9.
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The examiner is advised that the Veteran is competent to report her symptoms and history, and such reports must be considered.  If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	W.V. Walker, Associate Counsel