Citation Nr: 20009761
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 18-38 606A
DATE: February 6, 2020

REMANDED

Entitlement to service connection for a back condition is remanded.

Entitlement to service connection for numbness and tingling, right lower extremity is remanded.

Entitlement to service connection for numbness and tingling, left lower extremity is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1978 to March 1981.

Entitlement to service connection for a back condition is remanded.

With regard to the issue of entitlement to service connection for a back condition, the Board cannot make a fully-informed decision on the issue because no VA examiner has opined whether the Veteran’s current diagnosis is related to his complaints of pain during active service as noted in his service treatment records. Accordingly, the Board finds that a remand is warranted to provide the Veteran with a VA examination that considers this relationship. McLendon v. Nicholson, 20 Vet. App. 79 (2006).

Entitlement to service connection for numbness and tingling, bilateral lower extremity is remanded.

Finally, the Veteran contends that his bilateral lower extremity numbness and tingling is the result of his back condition. As noted above, this issue is remanded for a VA examination. Accordingly, the Board finds that a remand is warranted to provide the Veteran with a VA examination that considers this relationship. McLendon v. Nicholson, 20 Vet. App. 79 (2006).

The matters are REMANDED for the following action:

1. Obtain copies of any outstanding VA treatment records and associate them with the claims file.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his current complaints of low back pain.  The examiner must opine whether it is at least as likely as not related to an in-service injury or disease, including the service treatment record notation of chronic low back pain lasting 3 months.  

3. IF service connection is warranted for the Veteran’s claimed back condition, obtain an opinion regarding whether the Veteran’s bilateral lower extremity numbness and tingling is at least as likely as not proximately due a to service-connected back condition OR aggravated beyond its natural progression by a service-connected back condition.

 

A complete rationale for any opinion expressed should be provided.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.A. Elliott II, 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.