Citation Nr: 19109448
Decision Date: 02/07/19	Archive Date: 02/06/19

DOCKET NO. 15-11 492
DATE:	February 7, 2019

REMANDED

Entitlement to service connection for a back disorder is remanded.

Entitlement to service connection for a bladder disorder as secondary to a back disorder is remanded.

Entitlement to a total rating based on individual employability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active military service from April 1969 to December 1970.  He testified before the undersigned Veterans Law Judge during a July 2018 hearing.  This matter is on appeal from a June 2014 rating decision. 

1. Entitlement to service connection for a back disorder is remanded.

The Board of Veterans’ Appeals (Board) cannot make a fully-informed decision on this issue because no VA examiner has opined whether a back disorder is related to in-service lifting.  While a private opinion has been provided, such lacks a rationale.

2. Entitlement to service connection for a bladder disorder as secondary to a back disorder is remanded.

3. Entitlement to a TDIU is remanded.

As the issues of service connection for a bladder disorder and entitlement to a TDIU are intertwined with the Veteran’s claim for service connection for a back disorder, they must also be remanded.  Furthermore, while a private opinion relating a bladder disorder to the Veteran's back disorder has been provided, such is lacking a rationale and a VA examination is necessary.  

The matters are REMANDED for the following action:

1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 

2. Schedule the Veteran for a VA examination by an appropriate clinician(s) to determine the etiology of any diagnosed back and bladder disorders.  (Multiple examinations may instead be conducted, and most likely are necessitated; the Board leaves this to the discretion of the Agency of Original Jurisdiction (AOJ) and the facility at which any examination is to be conducted.)  The most up-to-date Disability Benefits Questionnaire(s) should be utilized.

For any back and bladder disorders diagnosed, the examiner(s) is requested to review the record and offer an opinion as to whether it is at least as likely as not (i.e., probability of approximately 50 percent) that any diagnoses are related to the Veteran’s military service.  A complete rationale should be given for all opinions and conclusions expressed.

If, and only if, service connection is found to be warranted for a back disorder, the examiner should also opine as to whether any diagnosed bladder disorder is at least as likely as not caused or aggravated by a back disorder.  For any bladder disorder found to have been aggravated by a back disorder, the examiner should quantify the approximate degree of aggravation.  

The examiner should consider the Veteran's July 2018 testimony regarding an in-service back injury; the September 2013 opinion relating a back disorder to the Veteran's military service; and an October 2013 opinion relating a bladder disorder to the Veteran's back disorder. 

 

A.C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	L. Barstow, Counsel