Citation Nr: 20054577 Decision Date: 08/18/20 Archive Date: 08/18/20 DOCKET NO. 12-25 967 DATE: August 18, 2020 REMANDED Entitlement to service connection for a back disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1975 to March 1976. The claim was most recently before the Board of Veterans’ Appeals (Board) in May 2018, when it was denied. Thereafter, the Veteran appealed the decision the United States Court of Appeals for Veterans Claims (Court). In a December 2019 Memorandum Decision, the Court vacated the Board’s decision and remanded the claim. Entitlement to service connection for a back disorder is remanded. As per the December 2019 Memorandum Decision, a new VA examination and opinion as to the Veteran's claim for service connection for back disorder is necessary. Specifically, the Memorandum Decision found that a 2017 VA examiner did not adequately consider the Veteran’s statements and medical history. Evidence indicates that there may be outstanding relevant VA treatment records. The Veteran receives treatment fromVA; however, VA treatment records dated since July 2019 have not been obtained and associated with the claims file. A remand is required to allow VA to obtain them. The Veteran reported in January 2008 that he had seen a private chiropractor; however, it doesn’t appear that those records have been obtained. On remand, after obtaining any necessary authorization, attempts must be made to obtain treatment records from the Veteran’s private chiropractor. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2019 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for all private providers, including the private chiropractor identified in a January 2008 VA treatment record. Make two requests for the authorized records from all identified providers, unless it is clear after the first request that a second request would be futile. 3. After completion of the above, schedule the Veteran for a VA examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) by an appropriate clinician to determine the nature and etiology of any back disorder. Copies of all pertinent records must be made available to the examiner for review. Based on the examination and review of the record, the examiner must answer the following: a. Is it at least as likely as not (50 percent or greater degree of probability) that any diagnosed back disability originated during active duty or is otherwise related to an in-service injury, event, or disease? Why or why not? b. Is it at least as likely as not (50 percent or greater degree of probability) that arthritis of the back is shown during the one-year period following the Veteran’s discharge from service in March 1976 and, if so, to what degree is any such arthritis manifested? In rendering the opinions the examiner must specifically consider and comment on the Veteran’s back pain in service, his report of injuring his back in service, his credible reports of low back pain since service, upon the Veteran’s medical history, and upon the reports of prior VA medical examinations. A complete rationale must be provided for all opinions offered. M.E. LARKIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Robert J. Burriesci, 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.