Citation Nr: 18152856 Decision Date: 11/27/18 Archive Date: 11/26/18 DOCKET NO. 16-49 594 DATE: November 27, 2018 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND [The Veteran served on active duty from July 1970 to April 1972. This matter is on appeal from a March 2014 rating decision which, in pertinent part, denied entitlement to service connection for a low back disability, bilateral hearing loss, and tinnitus. An October 2018 rating decision granted service connection for bilateral hearing loss and tinnitus and assigned a zero percent (noncompensable) rating and 10 percent rating, respectively, effective from March 12, 2018. The Veteran did not disagree with the disability evaluations or the effective date assigned. Therefore, these matters are no longer considered to be in appellate status. Low back disability The Veteran contends that he has a low back disability related to his service. Specifically, he contends that he served in the property disposal unit and that his job required a lot of heavy lifting and work in awkward positions. He contends that his back was injured during these duties on active duty. See, October 2016 substantive appeal. VA treatment records includes a May 2008 report which shows that he used to be a truck driver many years ago and in 1986 sustained a crush injury to his back. He was treated at Macon Medical Center where he underwent an operation during which screws and plates were placed over the lower lumbar spine. An August 2009 report shows that he was applying for Social Security Administration (SSA) benefits for back pain and states that he had prior motor vehicle accident. On remand, VA should also attempt to obtain any SSA records and outstanding private and VA treatment records. In addition, since it is unclear whether the Veteran has low back disability that is related to his service a VA examination and medical opinion should be obtained. The matter is REMANDED for the following actions: 1. Contact the Veteran and request that he either submit, or provide VA sufficient information and authorization to obtain any private treatment records related to the Veteran’s low back disability, including Macon Medical Center and any treatment records and/or workers’ compensation records related to a 1986 crush injury to his back. 2. Obtain all records from the Social Security Administration, to include all awards of disability benefits and any underlying records used in reaching the determination. All efforts to obtain Social Security records should be fully documented, and a negative response must be provided if records are not available. 3. Obtain all outstanding VA medical records related to the Veteran’s low back disability, dated from September 2018 to the present. All records and/or responses received should be associated with the claims file. 4. After the foregoing has been completed, schedule the Veteran for a VA examination which addresses the nature and etiology of the Veteran’s low back disability. The claims file must be provided to the examiner for review. All indicated studies and tests should be performed. The claims file, including a copy of this remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. The examiner is asked to provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s currently diagnosed low back disability is related to the Veteran’s service. The phrase “at least as likely as not” does not mean within the realm of medical possibility, but rather the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it. (Continued on the next page)   If an opinion cannot be rendered without resorting to speculation, the physician should explain why it would be speculative to respond. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Adams, Counsel