Citation Nr: 21003110
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 14-13 215
DATE: January 19, 2021

REMANDED

Entitlement to service connection for degenerative disc disease of the lumbar spine is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marines Corps from March 1973 to March 1975.

1. Entitlement to service connection for degenerative disc disease of the lumbar spine is remanded.

The Veteran appeals the denial of service connection for degenerative disc disease of the lumbar spine. The Veteran has submitted some private treatment records associated with his service connection claim. However, he asserts, and the evidence of record indicates, that there are additional medical records that pertain to his claim. See October 2012 Third Party Correspondence. 

VA has a duty to assist claimants in developing their claims, and this includes the duty to make reasonable efforts to obtain relevant records, including private records, as long as the claimant adequately identifies those records and authorizes VA to obtain them. 38 U.S.C. § 5103A(b)(1). As these private records may be relevant to the Veteran's claim and have been identified by the Veteran, the RO must undertake reasonable efforts to obtain these missing records.

Lastly, the Board defers consideration of obtaining a medical opinion as to the nature and etiology of the Veteran’s back disability pending completion of the additional development. See generally Kahana v. Shinseki, 24 Vet. App. 428 (2011) (discussing the “chicken-or-egg” dilemma faced by VA when requesting opinions and making credibility determinations with an undeveloped record, and recognizing that fact-finding is a responsibility that is ultimately committed to the Board and not a medical examiner).

The matters are REMANDED for the following action:

1. Obtain outstanding VA treatment records and private records, and associate them with the claims folder. Specifically, instruct the Veteran to complete a VA Form 21-4142, Authorization to Disclose Information to VA, for private treatment records from Bodyworks Health Fitness Rehabilitation.

2. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case and allow an appropriate period of time to respond. 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Adeleke, Tomi

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.