Citation Nr: 21001758
Decision Date: 01/11/21	Archive Date: 01/11/21

DOCKET NO. 15-18 276
DATE: January 11, 2021

REMANDED

Entitlement to service connection for a low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1980 to July 1983.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  In October 2017, the Veteran testified before the undersigned Veteran’s Law Judge.

This matter was previously remanded by the Board in August 2018 for further development.  Unfortunately, a review of the record indicates that there has not been substantial compliance with the previous remand directives and further development is necessary.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for a low back disability is remanded.

The previous remand instructions asked the examiner to specifically address the Veteran’s lay statements regarding his symptoms and treatment since service.  Unfortunately, the examiner only addressed the Veteran’s service treatment records and the diagnosis of arthritis in 2012.  No mention is made of, or consideration given to, the Veteran’s lay statements.  On remand, a new opinion should be obtained that considers the Veteran’s lay statements.

The matters are REMANDED for the following action:

1. Return the claims file to an appropriate VA examiner for an addendum opinion as to whether the Veteran’s degenerative disc disease is causally or etiologically related to the Veteran’s service, and the complaints noted therein.  The claims file must be made available to and be reviewed by the examiner in conjunction with the examination.  The need for another examination is left to the discretion of the medical professional offering the addendum opinion. 

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The reviewer should provide a comprehensive rationale for all opinions with consideration given to all evidence of record, including the Veteran’s military service history, STRs, post-service medical history, and lay statements, specifically to include the reports of symptoms and treatment since separation.  In addressing the above, the examiner is reminded that he or she must specifically address the Veteran’s lay statements regarding symptoms and treatment since service.

2. With consideration of all the evidence of record, re-adjudicate the claims.

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller, 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.