Citation Nr: 18157549
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 16-53 110
DATE:	December 13, 2018
REMANDED
Entitlement to service connection for a back disability is remanded.
REASONS FOR REMAND
The Veteran had active military service from October 1973 to July 1981, with additional service in the National Guard.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah.  
The Board finds that additional development is required before the claim on appeal is decided.  
The Veteran asserts that he has a back disability that is related to active service.  Specifically, the Veteran contends that he injured his back in an April 1999 motor vehicle accident while on active duty with the National Guard, and that he has experienced back pain since that time.  
In June 2015, the Veteran was afforded a VA examination to determine the nature and etiology of his claimed back disability.  The examiner diagnosed lumbosacral sprain/strain and opined that it was less likely than not incurred in or caused by pain following the Veteran’s in-service motor vehicle accident.  In support of that conclusion, the examiner commented that there were no abnormal findings found during the Veteran’s April 1999 treatment following the accident.  The examiner also indicated that the Veteran had not had any follow-up visits or reports of back pain since the April 1999 incident, and that his separation examination contained no complaints of back pain.  
The Board finds that the June 2015 VA opinion is inadequate for adjudication purposes.  In this regard, Board notes that the examiner did not adequately consider the Veteran’s lay statements regarding the onset and continuity of his symptoms.  As the opinion is inadequate for adjudication purposes, it cannot serve as a basis for denial of the claim.     
Therefore, the Board finds that the Veteran should be afforded new VA examinations to determine the nature and etiology of his lumbosacral sprain/strain.    
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 
2. Then, schedule the Veteran for a VA examination by an examiner of appropriate expertise to determine the nature and etiology of the Veteran’s lumbosacral sprain/strain.  The claims file must be made available to, and reviewed by the examiner.  Any indicated studies should be performed.  
Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present back disability, to include a lumbosacral sprain/strain, had its onset in service or is otherwise etiologically related to his active service.  The examiner must consider the Veteran’s lay statements regarding the nature of his symptoms.
The rationale for all opinions expressed must be provided.
3. Confirm that the VA examination report and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted.  
4. Then, readjudicate the issue on appeal.  If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. O’Donnell, Associate Counsel