Citation Nr: 21002888 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 19-08 795A DATE: January 19, 2021 REMANDED Entitlement to service connection for the Veteran's back condition, identified as lumbosacral strain is remanded. REASONS FOR REMAND The Veteran had active service in the U.S. Air Force from July 2012 until November 2012, and from May 2013 to September 2013, with additional periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). In December 2020, the Veteran had a hearing before the undersigned Veterans Law Judge (VLJ). A copy of the hearing transcript has been associated with the electronic claims file. This matter initially came before the Board of Veterans’ Appeals (Board) from an October 2017 rating decision. The matter was remanded by the Board in November 2019 for further development and an updated VA examination of the Veteran. Caffrey v. Brown, 6 Vet. App. 377 (1994); 38 C.F.R. § 3.327(a). However, the Board is not satisfied that there was substantial compliance with its November 2019 remand order and remands the issue again for the Regional Office (RO) to comply with the remand directives listed in this decision. See Dyment v. West, 13 Vet. App. 141, 146-147 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for the Veteran's back condition, identified as lumbosacral strain is remanded. In August 2019, the VA requested that the Veteran complete a VA Form 21-2142, Authorization to Disclose Information, so that the VA could assist the Veteran with her claim for service connection of a back condition. In September 2019, the Veteran submitted a VA Form 21-2142, listing five private practices that the Veteran has claimed to have helped treat her back disability. Two of the private practices have records in the electronic claims file that have been reviewed (Dr. P and Benchmark Therapy). However, there is no evidence of record showing that the VA made any effort to obtain the other private treatment records. The VA has a duty to make reasonable efforts when assisting a Veteran in obtaining private treatment records. When VA is put on notice of relevant, private medical records, VA must attempt to obtain these records before proceeding with the Veteran’s appeal. Lind v. Principi, 3 Vet. App. 493 (1992). Furthermore, the Veteran received a second VA examination of her back condition in January 2020 after the initial exam in October 2017 was deemed inadequate by the Board. The October 2017 examination was found to be inadequate because the basis of the examiner’s opinion that the back condition was not due to service was due to the lack of evidence of chronicity of care. VA examiners may not rely on the absence of evidence in service medical records to provide a negative opinion. See, Dalton v. Nicholson, 21 Vet. App. 23 (2007). However, the January 2020 examiner offers a similar rationale, opining that the condition was less likely than not incurred in or caused in service because the back condition was acute and there was no evidence of chronicity of care. The examiner also claims that the record shows no chronicity of care between 2013 and 2018. The Veteran had made statements in 2017 about her back pain and the issues she was having with her back. She also listed five private providers who treated her back pain since her separation from service. As noted above, only two of those private medical records have been obtained by the VA. The Board finds that the January 2020 VA examination is again inadequate. The Board remands for a new VA examination that considers the Veteran’s lay evidence and for the VA to make a reasonable effort to obtain the private medical records from the providers listed on the VA Form 21-2142. The matters are REMANDED for the following action: 1. Assist the Veteran in obtaining treatment records from the three private practices identified in VA Form 21-2142 (labeled correspondence in the electronic claims filed, date 09/25/2019). All attempts to secure the evidence must be documented in the claims file, and if, after making reasonable efforts to obtain the named records, the records are unable to be secured, send required notice and offer an opportunity to respond to the Veteran and her representative. 2. Obtain an addendum medical opinion from an appropriate licensed medical professional. If it is deemed necessary, schedule the Veteran for an additional VA medical examination. (Continued on the next page)   The medical examiner must also address whether it is at least as likely as not (probability of 50 percent or greater) that the Veteran’s back disability had its onset during active service or ACDUTRA or is it related to any in-service disease, event, or injury. The medical examiner must state a full rationale along with this opinion. The examiner must also discuss the Veteran’s lay contentions as to continuing symptoms and treatment since service. A complete rationale for all opinions is required. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E.L. Aumiller, 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.