Citation Nr: 18119686 Decision Date: 07/19/18 Archive Date: 07/19/18 DOCKET NO. 12-02 092 DATE: July 19, 2018 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1968 to March 1970. Entitlement to service connection for a lumbar spine disability is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2017). The Board notes VA recently obtained a VA opinion regarding the Veteran’s claimed lumbar spine disability. In regard to whether the Veteran’s lumbar spine disability was aggravated by service, the examiner provided a cursory statement that no increase in disability occurred in service and that increase in disability in service was due to the natural progression of the disease. See September 2017 VA Opinion. The Board finds that the examiner’s opinion is inadequate for adjudication purposes as it is logically inconsistent and without rationale. Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). An additional VA examination and opinion is warranted. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Further, November 2014 VA medical records indicate that the Veteran was to receive a neurological consultation for his lumbar spine disability, however, these records are not associated with the claims file. Ongoing VA medical records should also be obtained. See 38 U.S.C. § 5103A(c) (2012); see also Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim). The matter is REMANDED for the following action: 1. The AOJ should secure any outstanding, relevant VA medical records. 2. After any additional records are associated with the claims file, schedule the Veteran for a VA examination to determine the nature and etiology of the Veteran’s claimed lumbar spine disability. The examiner should note his or her review of the claims file, including the service treatment records, January 2011 VA examination and x-ray reports, the December 2014 VA examination, and the Veteran’s May 2013 testimony. The examiner is directed to note the Veteran’s reports of falling through a hay chute and landing on his head prior to service, as well as his report of falling in November 2010. Based on review of the record and examination of the Veteran, and after eliciting a detailed history of the Veteran’s condition from the Veteran, the examiner should respond to the following: (1) Is there clear and unmistakable evidence that there was NO increase in disability during service? (2) If it is at least as likely as not (50 percent or greater probability) that there was an increase in severity during service, is there clear and unmistakable evidence that the increase in disability was due to the natural progress of the condition? The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinions, including, but not limited to the Veteran’s lay statements of injuring his back during service. If there is a medical basis to doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner must provide the rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. (Continued on the next page)   If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed, including imaging of the Veteran’s lumbar spine disability. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Trickey, Jonathan