Citation Nr: 18115992 Decision Date: 07/03/18 Archive Date: 07/03/18 DOCKET NO. 09-05 338 DATE: July 3, 2018 REMANDED The issue of entitlement to service connection for a low back disability is remanded. The issue of entitlement to service connection for a sinus disability is remanded. The issue of entitlement to service connection for a bilateral ear disability is remanded. The issue of entitlement to service connection for a disability manifested by a sore throat is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1980 to December 1983. Additionally, she has long-term service in the United States Army Reserves. 1. The issue of entitlement to service connection for a low back disability is remanded. As noted above, the Veteran has long-term service in the United States Army Reserves. A review of the claims file shows the dates of her active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) have been verified for all years with the exception from 1983 through 1993 and from 2013 through 2016. Given various service treatment records during these periods disclose complaints related to the disabilities claimed herein, a remand is necessary for another attempt to verify the specific dates of her ACDUTRA and INACDUTRA service. In a December 2017 medical opinion, a VA examiner opined that it was less likely than not the Veteran’s degenerative disc disease with lumbar stenosis and sciatica status post spinal fusion was aggravated beyond its natural progression in service. December 2017 Medical Opinion. In doing so, the VA examiner concluded there was no medical evidence demonstrating aggravation in service. While the VA examiner acknowledged the July 2014 I.A.C.H. Treatment Note which documented her complaint of low back pain following a fall, the VA examiner did not address the treatment provider’s assessment that her complaints and examination were consistent with a back strain and aggravation of her chronic back pain. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993). Based on the foregoing, a remand is necessary for an addendum opinion. 2. The issue of entitlement to service connection for a sinus disability is remanded. In another December 2017 medical opinion, a VA examiner proffered a negative nexus opinion, finding there was no medical evidence supporting a diagnosis of chronic sinusitis. December 2017 VA Medical Opinion. In doing so, the VA examiner noted a review of her medical records only disclosed diagnoses of episodic acute sinusitis. However, the VA examiner did not address a January 2017 VA Eye Evaluation and Management Note which indicated the symptoms she reported were most consistent with chronic sinusitis. See Reonal, supra. For this reason, a remand is necessary for an addendum opinion. 3. The issues of entitlement to service connection for a bilateral ear disability; and service connection for a disability manifested by a sore throat are remanded. Finally, with regard to these issues, the Board finds they are inextricably intertwined with the above service connection claim for a sinus disability. See Harris v. Derwinski, 1 Vet. App. 180 (1991), overruled on other grounds by Tyrues v. Shinseki, 23 Vet. App. 166 (2009); Anglin v. West, 11 Vet. App. 361, 367 (1998). As such, these issues are also remanded. The matters are REMANDED for the following action: 1. Obtain verification of all periods (specific dates) of ACDUTRA and INACDUTRA during the Veteran’s Army Reserves service from 1983 through 1993 and from 2013 through 2016 from the appropriate agency(ies). Specifically, obtain a copy of the Defense Joint Military Pay System-Reserve Component Master Military Pay Account. In doing so, document all efforts to verify the Veteran’s ACDUTRA and INACDUTRA periods. If unable to verify these periods, make a formal finding of unavailability. 2. Obtain an addendum opinion to the December 2017 VA medical opinion on the claimed lumbar spine disability. In light of the July 2014 I.A.C.H. Treatment Note which noted the treatment provider’s assessment that the Veteran’s complaints and examination were consistent with a back strain and aggravation of her chronic back pain, is it at least as likely as not (50 percent probability or greater) that the low back disability was aggravated by her service in July 2014. 3. Obtain an addendum opinion to the December 2017 VA medical opinion on the claimed sinus disability, bilateral ear disability and disability manifested by a sore throat. In light of the January 2017 VA Eye Evaluation and Management Note indicating the Veteran’s symptomatology was consistent with “chronic sinusitis,” is it at least as likely as not (50 percent probability or greater) caused by or otherwise related to the Veteran’s active duty service or any period of ACDUTRA service and explain why. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Suh, Associate Counsel