Citation Nr: 18156107
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 16-59 908
DATE:	December 7, 2018
REMANDED
Entitlement to service connection for degenerative joint disease and degenerative disc disease of the lumbar spine with limitation of flexion (claimed as a lumbar spine disability) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1983 to January 1987. He subsequently served in the Reserve, with a second period of active duty service from July 2010 to May 2011.
1. Entitlement to service connection for degenerative joint disease and degenerative disc disease of the lumbar spine with limitation of flexion (claimed as a lumbar spine disability) is remanded.
The Veteran was afforded a VA examination in March 2012; however, the examiner did not provide a nexus opinion between the Veteran’s diagnosis and service. The examination report is accordingly incomplete. Therefore, in order to properly adjudicate this appeal, the Board finds that a remand is necessary to obtain a factually accurate, fully articulated, and soundly reasoned medical opinion. Barr v. Nicholson, 21 Vet. App. 303 (2007); 38 C.F.R. § 3.159(c)(4). 
The matter is REMANDED for the following action:
1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claims, to include any private treatment records, following proper VA procedures under 38 C.F.R. § 3.159(c).
2. After completing the requested development, afford the Veteran a VA spine examination from the appropriate clinician to determine the nature and etiology of his degenerative joint disease and degenerative disc disease of the lumbar spine with limitation of flexion. The Veteran’s claims file must be made available to the examiner in conjunction with the examination. All tests deemed necessary should be performed, and all findings should be reported in detail. If possible, the appropriate Disability Benefits Questionnaire (DBQ) should be used. After reviewing the claims file, the examiner should answer all of the following questions completely:
(a.) Is there clear and unmistakable evidence (i.e., undebatable evidence) that the Veteran’s lumbar spine disability preexisted his second period of active duty service July 2010 to May 2011?  
(b.) If the answer to (a.) is yes, is there clear and unmistakable evidence (i.e., undebatable evidence) that the Veteran’s lumbar spine disability was NOT aggravated (i.e., underwent a permanent worsening) by his second period of active duty service from July 2010 to May 2011? 
(c.) If the answer to (b.) is no, is it at least as likely as not (a fifty percent probability or greater) that the Veteran’s lumbar spine disability was caused by either period of active service, or otherwise had its onset during a period of active service? 
The examiner must provide a complete rationale for any opinion provided. The absence of evidence of treatment for degenerative joint disease and degenerative disc disease of the lumbar spine with limitation of flexion in the Veteran’s service treatment records cannot, standing alone, be a sufficient rationale for providing a negative opinion. The examiner is also advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically considered in formulating any opinions. If the examiner rejects the Veteran’s reports, he or she should provide a reason for doing so.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Mukherjee, Associate Counsel