Citation Nr: 20007829 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 19-35 358 DATE: January 30, 2020 REMANDED Entitlement to service connection for status post back surgery claimed as back problems is remanded. Entitlement to service connection for left lumbar radiculopathy secondary to status post back surgery is remanded. Entitlement to service connection for right lumbar radiculopathy secondary to status post back surgery is remanded. Entitlement to service connection for acquired psychiatric condition claimed as Posttraumatic Stress Disorder (PTSD) with alcohol use disorder is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from May 1969 to April 1971. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA).   Back Disability and Left and Right Lumbar Radiculopathies The Veteran has contended that his back disability is due to a back injury that he received when he was blown from a vehicle while in service. The Veteran has stated, and consistently reported throughout his private treatment records, that he has had recurrent back problems since this in-service injury. This incident has been verified by the Veteran’s personnel records. On the date of the incident, May 30, 1970, a telegram was sent to the Veteran’s family, indicating that he received a contusion to his back after he was thrown from a vehicle when a mine detonated. The Veteran received both a Commendation Medal for Heroism and a Purple Heart for this date of action. Additionally, the Veteran’s service treatment records indicate that he had a back disability prior to service. Such was noted on his pre-induction examination, which warranted a separate spine evaluation.. The Veteran underwent a VA back examination in May 2015. Although the examiner considered the in-service injury, the examiner’s rationale did not address the information indicating that the Veteran had a back injury before service or provide any explanation as to whether the in-service injury could have aggravated this prior condition. Furthermore, the examiner concluded that the Veteran’s back disability traced back only to December 2013, without giving any consideration to the Veteran’s lay statements that his back pain has been chronic since service. Accordingly, such should be completed upon remand. The Veteran’s contentions regarding left and right lumbar radiculopathies are inextricably intertwined with the back claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). These claims must therefore also be remanded. PTSD The Veteran has also contended that he currently suffers from PTSD with alcohol abuse, which he attributes to service. The Veteran was afforded a VA examination in April 2015 and provided an addendum in May 2015. However, the results of this examination remain ambiguous in spite of the addendum. Although the examiner has stated that the Veteran’s symptoms are effectively too mild to meet the DSM-V criteria, she has also indicated that these criteria are currently met, and has identified the Veteran’s present symptoms, including nightmares, sleep disturbance, avoidance, hypervigilance, and hyperarousal, as specifically associated with the PTSD diagnosis. Accordingly, remand for an additional examination is required. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA back examination; the claims file must be reviewed in conjunction with the examination. The examiner must identify all current disabilities of the back and opine as to whether any such are at least as likely as not caused or aggravated by service. The examiner must consider the Veteran’s in-service injury and his statements regarding chronic back pain since that injury. The examiner must also consider the Veteran’s back condition that was noted prior to service. A full and complete rationale for all opinions expressed is required. 2. Schedule the Veteran for a VA PTSD examination with a different examiner than the one who completed the April 2015 examination; the claims file must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed psychiatric disorders, and for each, must opine as to whether it is at least as likely as not caused or aggravated by service. A full and complete rationale for all opinions expressed is required. 3. Upon completion of the above, and any additional development deemed appropriate, readjudicate the remanded issue. If the benefit sought remains denied, the Veteran should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.P. Faris 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.