Citation Nr: 21001963 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 17-17 161A DATE: January 12, 2021 REMANDED Service connection for ankylosing spondylitis is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to October 1971. In February 2020, he had a hearing before the undersigned; a transcript is of record. The case was remanded for additional development in March 2020. Service connection for ankylosing spondylitis. The Veteran underwent a VA contract examination for his spine in October 2020. The examiner opined that ankylosing spondylitis is a genetic disease that pre existed military. He stated that he could not find anything in the service treatment records (STRs) that he considered to have aggravated or accelerated his disability. In providing his rationale, the examiner did not refer to the Veteran’s contentions regarding ongoing back symptoms since service discharge. In Dalton v. Nicholson, 21 Vet. App. 23 (2007), the United States Court of Appeals for Veterans Claims (Court) determined a VA compensation examination and opinion were inadequate where the examiner did not comment on the Veteran’s report of in-service injury and, instead, relied on the absence of evidence in the Veteran’s STRs to provide a negative opinion. As the VA contract examiner did not consider all of the evidence of record, the Board finds that a new opinion should be obtained. This matter is REMANDED for the following action: 1. Update VA treatment records. 2. Thereafter, the RO must provide the Veteran’s e-file to an appropriate examiner with the necessary expertise for supplemental comments (addenda) concerning the nature and etiology of ankylosing spondylitis. The examiner must offer an opinion as to whether there is clear and unmistakable evidence (obvious or manifest) that ankylosing spondylitis pre-existed service. If so, the examiner is requested to render an opinion as whether it is as likely as not that the preservice ankylosing spondylitis underwent a chronic increase in severity beyond natural progression during service? The examiner should provide a detailed explanation for the opinion. Because the Veteran is competent even as a lay person to report symptoms of difficulties, the examiner must specifically address the Veteran’s report of any manifestation during his active service in determining whether any disability is related to military service. The examiner must also address the Veteran’s reports of continued back pain that began in service and continued to the present.   An examination is only required if deemed necessary by the examiner. Nathaniel Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.D. Jackson, 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.