Citation Nr: 18153563 Decision Date: 11/28/18 Archive Date: 11/27/18 DOCKET NO. 14-28 933A DATE: November 28, 2018 ORDER New and material evidence having been received, the claim of service connection for a lumbar spine disorder is reopened. REMANDED Service connection for a lumbar spine disorder is remanded.   DECISION The Veteran served on active duty from October 1982 to January 1986. The claim is on appeal from a December 2012 rating decision. In addition to the lumbar spine claim, the Veteran submitted a notice of disagreement (NOD) with denials of service connection for tinnitus and hearing loss. In an August 2014 rating decision, the RO granted service connection for tinnitus. The benefit sought for that claim was therefore granted in full. After an August 2014 statement of the case (SOC) was issued that included the remaining two claims, the Veteran submitted a statement in August 2014 that the RO took as a substantive appeal in lieu of a VA Form 9. The Veteran expressly limited the appeal to the lumbar spine disorder claim. Thus, it is the sole claim on appeal to the Board. Whether new and material evidence has been received to reopen a previously denied claim of service connection for a lumbar spine disorder. By a September 1996 rating decision, the RO denied the Veteran’s claim of service connection for a lumbar spine disorder (then characterized as a lower back condition). He was notified of the decision by letter in September 1996, which was mailed to the then current mailing address of record. Thereafter, nothing further regarding the claim was received until the present claim to reopen in August 2012. No new evidence or notice of disagreement (NOD) was received by VA within one year of the issuance of the September 1996 rating decision for that claim. As the Veteran did not appeal the decision, that rating decision is final. See 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103. Since then, the Veteran has submitted July and November 2015 opinions of a private chiropractor, and lay statements from those aware of his back issues. This raises the possibility of the existence of a current lumbar spine disorder and a possible connection to service. Thus, the Board finds that new and material evidence has been submitted and reopening of the previously denied claim is warranted. See 38 C.F.R. § 5108; 38 C.F.R. § 3.156(a). The reopened claim will further be addressed below. REASONS FOR REMAND Service connection for a lumbar spine disorder. The Veteran contends that he injured and twisted his back in service while lifting something he normally would not, and he has been having back problems since that time. The Veteran’s service treatment records (STRs) show low back pain reported in September 1985, and experiencing back pain for one week in December 1985. These entries were after the Veteran’s normal August 1985 separation examination. The Veteran was afforded a VA examination in November 2012. The diagnoses were a muscle strain in August 1985 and degenerative disc disease (DDD) in November 2012. The examiner provided an opinion that the Veteran’s current low back condition of DDD is not related to treatment for muscle strain in service. The rationale was that strain was not a current condition based on symptoms and examination, and muscle strain does not cause disc degeneration, which is most common at the L5-S1 level and associated with aging. The Veteran submitted a July 2015 opinion from a private chiropractor opining that this precipitating event while on active duty in the USAF may have started a cascading effect of long-term back pain that has developed into premature degenerative arthritis in the lower lumbar spine. The Veteran has also submitted four statements from individuals that have known the Veteran over a span of years in support of the Veteran’s claim of intermittent back pain since his separation from service. Following a VA examination in October 2015, the examiner confirmed the Veteran’s diagnosis of DDD of the lumbar spine, as well as degenerative arthritis. However, he opined that it is less likely as not that the Veteran’s current back condition is a result of the back condition that the Veteran had in service. As rationale, the examiner noted a lack of evidence of chronic back pain or diagnosis during service, no continuing back problems over the 10 years following service, that the medical literature documents that 90 percent of acute back strains resolve within six weeks regardless of treatment, no medical connection between back muscle strain and DDD, and that the submitted opinion by the Veteran’s chiropractor due to a lack of review of the Veteran’s STRs or medical records. In a November 2015 addendum, the private chiropractor reviewed the Veteran’s STR and medical records and reiterated his original opinion that the Veteran’s 1985 back injuries may have predisposed him to exacerbated back pain that could possibly be related to his current lumbar spine disorder. In view of this evidence, the Board finds that another VA examination and medical opinion is warranted. As far as possible outstanding medical records, the Veteran has indicated that he has received treatment for his back sporadically since he left service. The record also alludes to possible medical records that have not been sought, e.g. a reference to a spine clinic referral in his chiropractor’s opinion letter, and records of his treating physician discussed in the Veteran’s testimony at his December 2015 hearing with a DRO. Any outstanding private treatment records should be requested on remand. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). In light of the remand, updated VA treatment records should be obtained. The matter is REMANDED for the following action: 1. Ask the Veteran to identify any private treatment providers relevant to his lumbar spine disorder claim, and to provide authorization to VA to request the records. Request any so identified records. 2. Obtain VA treatment records dated since July 2015. 3. Schedule the Veteran for a VA examination by an appropriate clinician in connection with the lumbar spine disorder claim. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any identified lumbar spine disorder had its onset during, or is otherwise related to, the Veteran’s service. The examiner should provide detailed rationale for all opinions, including by citing to the record. Consideration should be given to the treatment documented in the STRs, the lay statements of record and the opinions of the private chiropractor. If the absence of treatment for a period of time affects the outcome of the opinion, it should be explained why this is so from a medical perspective. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Morford, Associate Counsel