Citation Nr: 20039655 Decision Date: 06/10/20 Archive Date: 06/10/20 DOCKET NO. 16-19 101 DATE: June 10, 2020 REMANDED Entitlement to service connection for lumbosacral strain is remanded. Entitlement to service connection for a skin rash is remanded. REASONS FOR REMAND The Veteran served in the Army from October 1991 to October 1994, and from May 1995 to May 1999. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was scheduled for a Board videoconference hearing in March 2019. He requested a postponement. He was rescheduled for October 2019; however, he did not report for the hearing. Therefore, the hearing request is considered withdrawn. See 38 C.F.R. § 20.704(d) (2019) (failure to appear for a scheduled hearing treated as withdrawal of request). Entitlement to service connection for lumbosacral strain is remanded. The Veteran contends that his lumbosacral strain is related to his in-service back complaints. See February 2015 Notice of Disagreement. A VA examination was obtained in October 2014, six years ago. While the VA examiner provided a negative nexus opinion, the rationale was that “no conclusion about the presence of a chronic back disability can be made” because “critical basic details about how and when back pain occurs are not provided despite request for this information.” See October 2014 VA examination. This rationale does not withstand the holding in Jones v. Shinseki, 23 Vet. App. 382 (2010) (it must be clear that the examiner has indeed considered all procurable and assembled data by obtaining all tests and records that might reasonably illuminate the medical analysis). Therefore, a new VA examination is warranted. Entitlement to service connection for a skin rash is remanded. The Veteran contends that his skin rash is related to his in-service exposure to burn pits in Korea or his exposure from disposing of powder residue and ammunition in Ft. Riley, Kansas. See February 2015 Notice of Disagreement. A VA examination in connection with this claim was obtained in October 2014, six years ago. The examiner provided a negative nexus opinion. However, the examiner’s rationale that the current rash “has no relation to service in 1990’s and is due to another etiology,” is conclusory. As such, an opinion is warranted. Updated treatment records should also be obtained. The most recent are in 2017, three years ago. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his lumbosacral strain and skin rash. Request any identified records that are not duplicates of those associated with the claims file. 2. When it is considered safe and appropriate to do so, in light of social distancing guidelines, schedule the Veteran for a VA back examination to address the claim for lumbosacral strain. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s disability is related to service, to include addressing the in-service complaints and treatment of back pain. The examiner should explain why/why not. 3. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran’s skin rash claim. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled when it is considered safe and appropriate to do so, in light of social distancing guidelines. 4. Following review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s disability is related to service, to include addressing the Veteran’s in-service acne treatment and his contentions that he was exposed to burn pits and that he disposed of powder residue and ammunition. The examiner should explain why/why not. L. CRAMP Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. N. Wilson, 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.