Citation Nr: 18136405
Decision Date: 09/18/18	Archive Date: 09/18/18

DOCKET NO. 16-10 166
DATE:	September 18, 2018
REMANDED
Entitlement to service connection for degenerative disc disease of the lumbosacral spine is remanded.

INTRODUCTION
The Veteran served on active duty with the United States Air Force from September 1986 to March 1991, and with the United States Coast Guard from June 1993 to November 2011.  
This matter comes to the Board of Veteran’s Appeals (Board) on appeal from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  
Additional issues arising out of the October 2013 decision that the Veteran appealed included entitlement to service connection for a ganglion cyst, right wrist, and for ichthyosis.  However, the Agency of Original Jurisdiction (AOJ) granted these claims in November 2016.  Consequently, they are no longer on appeal.  
Also, the issue presently before the Board regarding the Veteran’s back disability initially included scoliosis.  However, the Veteran informed VA in her October 2014 Notice of Disagreement (NOD) that she was not claiming service connection for scoliosis and that it was error for VA to consider it.  Accordingly, no further consideration will be given to scoliosis. 
REASONS FOR REMAND
The Veteran asserts that symptoms of low back stiffness, pain, and weakness began in service.  She also asserts that her chiropractor diagnosed her by x-ray as having lumbar degenerative disc disease within one year of service.  Pertinent law and regulations provide that service connection for arthritis or degenerative joint disease on a presumptive basis is warranted when there is x-ray evidence of arthritis within one year of the Veteran's separation from active duty.  See 38 C.F.R. §§ 3.307, 3.309. 
On file is a June 2012 letter from the Veteran’s chiropractor diagnosing her as having long-standing lumbar disc degeneration.  However, there is no accompanying x-ray report.  Accordingly, this case must be remanded so that the Veteran’s complete records from her chiropractor can be obtained, to specifically include the June 2012 lumbar spine x-ray report.  
The matter is REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for Hudson Spinal Health records from June 2012 to present, to specifically include the June 2012 lumbar spine x-ray report.  
2. Make two requests for the authorized records from Hudson Spinal Health, unless it is clear after the first request that a second request would be futile.  Also inform the Veteran that she may submit the missing evidence if in her possession.
3. Thereafter, readjudicate the issue on appeal.  If the 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	A. Shawkey, Counsel