Citation Nr: 19167102 Decision Date: 08/29/19 Archive Date: 08/28/19 DOCKET NO. 19-13 721 DATE: August 29, 2019 REMANDED Entitlement to service connection for a lower back condition is remanded. REASONS FOR REMAND The Veteran served in the United States Army from August 1972 to August 1975. This matter comes before the Board of Veteran’s Appeals (Board) from a May 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. 1. Entitlement to service connection for a claimed lower back condition is remanded. The Veteran contends that he has a lower back condition that is related to his service. Based on a review of the claims folder, the Board finds that additional development is needed prior to adjudication of the claim as the Veteran has not been examined for his claimed lower back condition by VA. An examination is necessary to diagnose the Veteran’s claimed lower back condition and to determine whether any diagnosed lower back condition is related to his service. Additionally, the Board notes that no medical files have been associated with the claims file although the Veteran identified where he received treatment for his condition. See Application for Disability Compensation and Related Compensation Benefits of January 2015. Finally, while on remand, updated treatment records should be obtained and associated with the electronic claims file. The matter is REMANDED for the following actions: 1. Contact the Veteran, and, with his assistance, obtain any outstanding records of pertinent medical treatment from VA or private health care providers. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159(c). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e). 2. After the preceding development is completed, schedule the Veteran for an examination by an appropriate clinician to diagnose, and to determine the nature and etiology of the Veteran’s claimed lower back condition. The electronic claims folder, including a copy of this remand, should be made available to the examiner, and the examiner must review the entire claims file in conjunction with the examination. The examiner is asked to opine: a. whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s claimed lower back condition is related to his active duty service. The examination report must include a complete rationale for all opinions expressed. If the examiner feels that a requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e., no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e., additional facts are required, or the examiner does not have the needed knowledge or training). 3. After the completion of any action deemed appropriate in addition to that requested above, the claim should be readjudicated. If any benefit sought remains denied, the Veteran and his attorney should be provided with a Supplemental statement of the case (SOC) and give the opportunity to respond. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Gonzalez-Maldonado 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.