Citation Nr: 20005571 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 17-05 588 DATE: January 23, 2020 REMANDED Entitlement to service connection for a back injury/spinal disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1964 to October 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. Entitlement to service connection for a back injury/spinal disorder is remanded. The Board sincerely regrets the additional delay, but finds that another remand is necessary to This matter was previously before the Board in December 2017, at which time it was remanded for additional development, to include providing a VA examination. The VA examiner was specifically asked to discuss in his/her opinion the Veteran’s contention that he injured his back in service while working in the supply room. The Veteran reiterated these claims in the September 2019 VA examinations. Although noting the history provided by the Veteran in the examination report, the VA examiner did not discuss the Veteran’s contentions in the opinion itself as requested in the December 2017 remand. Therefore, the Board finds that a remand is warranted to obtain an addendum opinion. As a matter of law, a remand by the Board confers upon the Veteran the right to compliance with the Board’s remand order. Stegall v. West, 11 Vet. App. 268, 270-71 (1998). As such, in accordance with Stegall, remand for full compliance with the Board’s prior remand is warranted. The matters are REMANDED for the following action: 1. Update VA treatment records. 2. Thereafter, forward the claims file, to include a copy of this remand, to the September 2019 VA examiner (or an appropriately qualified medical professional if the September 2019 VA examiner is unavailable) for an addendum opinion regarding the nature, extent and etiology of the Veteran’s back disability. The examiner is asked whether it is at least as likely as not (50 percent probability or greater) that each spinal disorder diagnosed in the September 2019 VA examination was incurred during or is otherwise related to the Veteran’s active duty service. The examiner is asked to specifically discuss the Veteran’s assertion that he injured his back in service while working in the supply room. It is not required that such injury be documented in the STRs. The examiner should fully consider the Veteran’s lay statements in forming his/her opinion. A complete and fully explanatory rationale must be provided for any opinion offered. If any 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. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Thompson, Associate 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.