Citation Nr: 19132017 Decision Date: 04/25/19 Archive Date: 04/24/19 DOCKET NO. 18-16 374 DATE: April 25, 2019 REMANDED The issue of entitlement to service connection for a lumbar spine disability is remanded. INTRODUCTION The Veteran served on active duty in the United States Army from June 1948 to April 1955. This case comes before the Board of Veterans’ Appeals (Board) on appeal of an October 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas (Agency of Original Jurisdiction (AOJ)). The Veteran testified before the undersigned Veterans Law Judge during an April 2019 video-conference hearing. The transcript from the hearing has not yet been associated with the file, as the case is being remanded under the Board’s “One Touch” program given the Veteran’s advancing age and need for medical examination/opinion. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. REASONS FOR REMAND At the outset, the Board notes that the record is void of any service treatment records. The AOJ has been informed by the National Personnel Records Center (NPRC) that the Veteran’s records have been destroyed in a fire at the Records Center in 1973. All other attempts to locate any of the Veteran’s in-service records have been unsuccessful. The Board notes that when service records are unavailable through no fault of the Veteran, VA has a heightened duty to assist. See Washington v. Nicholson, 19 Vet. App. 362, 369-70 (2005); Cuevas v. Principi, 3 Vet. App. 542, 548 (1992); O’Hare v. Derwinski, 1 Vet. App. 365, 367. The Veteran recently testified to incurring a low back injury in early 1954 while stationed in Korea, wherein he received field hospital treatment. The available records reflect that the Veteran did serve in Korea, and his report of injury must be considered by a VA examiner to determine whether he manifests any residuals of the in-service injury. The matter is REMANDED for the following action: 1. Afford the Veteran a VA examination by an examiner to address whether he manifests any residual disability of the thoracolumbar spine related to injury in service. The claims folder must be made available for review by the examiner. If the Veteran fails to report for VA examination, an opinion should be obtained based upon review of the available evidence. The examiner is requested to provide opinion as to whether any current disability of the thoracolumbar spine at least as likely as not (a 50 percent probability or greater) originated during his period of active service or is otherwise etiologically related to his active service – specifically a reported injury in early 1954. In providing this opinion, the examiner is requested to consider the following: • the Veteran’s complete service treatment records are unavailable due to no fault on the part of the Veteran; and • the examiner should accept as true the Veteran’s report of injury in early 1954 due to being squashed between two trucks during his service and receiving field treatment; The examiner is requested to discuss whether there is any medical reason to accept or reject the Veteran’s belief that his injury in 1954 resulted in a chronic back disability, including a discussion of whether any current findings are consistent with traumatic injury. The examiner is also requested to consider the Veteran’s contention that the severity of the 1954 injury can also be demonstrated by an injury to the left ear which he claims accounts for his mixed left ear hearing loss. The rationale for all opinions expressed must be provided. (continued on the next page) 2. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Dion Roberts, Law Clerk