Citation Nr: 18159845
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 17-05 970
DATE:	December 20, 2018
REMANDED
Entitlement to service connection for degenerative arthritis with invertebral disc syndrome (IVDS), thoracolumbar spine is remanded.
REASONS FOR REMAND
The Veteran had active military service from February 1987 to February 1991.
The Veteran underwent a VA examination in October 2016 for his spinal condition. The examiner stated that medical treatment records from September 1992 to March 1996 were not attached to the examination request. The examiner concluded that the Veteran’s current spine and back conditions were less likely than not incurred during or as a result of his active service. The examiner’s rationale was composed of quotations to relevant scientific literature, with the examiner concluding that the Veteran’s claim was not supported by current scientific literature. This is insufficient for VA purposes. Scientific findings are general, and the duty of the examiner is to provide specific findings for individual Veterans. Even if a Veteran’s disability is highly unlikely to be related to service, the examiner still has a duty to analyze the Veteran’s case and cannot immediately base a conclusion on general statistics. Accordingly, the Board finds that the examination is inadequate for adjudication purposes because the examiner did not have access to important medical records and failed to provide a proper nexus opinion relating to the claimed disability. Barr v. Nicholson, 21 Vet. App. 303 (2007). Therefore, on remand, an addendum medical opinion should be obtained regarding the etiology of the Veteran’s degenerative arthritis with IVDS, lumbar spine. 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 claim, to include the medical treatment records from September 1992 to March 1996, following proper VA procedures as listed in 38 C.F.R. § 3.159(c).
2. Afford the Veteran a VA examination to determine the nature and etiology of the Veteran’s back or spine condition. The Veteran’s claims file, including a copy of this remand and all relevant treatment records, must be made available to and reviewed by the examiner for review in connection with the examination. The examiner is requested to review the record, conduct an appropriate examination, and offer an opinion as to whether it is at least as likely as not (50 percent or greater) that the Veteran’s degenerative arthritis with IVDS, lumbar spine, had its onset in service or is otherwise related to the Veteran’s active duty service. Consideration should be given to the Veteran’s treatment records, including the September 1992 to March 1996 treatment records (if obtained). 
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Any conclusions reached must be supported by a full rationale.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Evan Thomas Hicks