Citation Nr: 19150294 Decision Date: 06/27/19 Archive Date: 06/27/19 DOCKET NO. 12-28 924 DATE: June 27, 2019 REMANDED Service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from March 1976 to February 1979. This matter is on appeal from a January 2011 rating decision. The procedural history detailed in the introduction of the June 2017 Board decision is incorporated herein by reference. In June 2017, the Board remanded the appeal for additional information regarding treatment received for the lumbar spine disability and the submission of any private treatment records in the Veteran’s possession and a VA examination with a medical opinion. The Board specifically directed the VA examiner to discuss the January 1979 service separation examination and Report of Medical History, the 1991 and 2001 post-service occupational back injuries, the May 2011 private medical opinion, and lay statements reporting back pain during service and shortly after service. In response to the Board’s June 2017 remand directives, available private treatment records were requested and received, the Veteran submitted additional private treatment records in his possession, and he underwent a VA examination in December 2018; however, the December 2018 VA medical opinion did not assume for the purposes of providing the medical opinion that the Veteran experienced back pain during service and did not assess the significance of the 1991 post-service back injury or lay statements from his former spouse and brothers reporting that they recalled him experiencing back pain shortly after service separation. The December 2018 VA examiner inaccurately noted that the first noted back complaint post-service was in 2001, 22 years after service. For these reasons, a remand for a supplemental VA medical opinion is needed. The matter is REMANDED for the following actions: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the lumbar spine disability is at least as likely as not causally or etiologically related to service. 2. For the purposes of providing the medical opinion, the clinician should assume that the Veteran experienced back pain during service but did not report the symptoms at that time. 3. The clinician should also discuss the significance of the 1991 and 2001 post-service work-related back injuries, the May 2011 private medical opinion from Dr. J.H., and lay statements from the Veteran’s former spouse and brothers collectively reporting that they recalled the Veteran experiencing back pain shortly after service separation.   4. Thereafter, readjudicate the appeal. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Ferguson, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.