Citation Nr: 21004168 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 16-27 982 DATE: January 26, 2021 REMANDED Entitlement to service connection for degenerative disc disease of the lumbar and lower thoracic spine is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1966 to June 1968, including service in the Republic of Vietnam. As a result of his military service, the Veteran received the Combat Infantryman Badge among other decorations. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing with the undersigned in April 2019. This issue was previously remanded by the Board in March 2020 and has since been returned for further adjudication. Although the Board regrets additional delay, remand is necessary to obtain an addendum opinion. The Veteran underwent a VA examination in July 2020. The examiner offered two opinions at that time, both indicated it was less likely than not that the current back disability was related to the Veteran’s military service. According to the examiner, during service the back condition was acute only and there is no evidence it was permanent. In support of this finding the examiner referenced the normal evaluation of the spine at the time of discharge. However, the examiner also opined that the back disability preexisted service. Given the two opinions with different rationale, the Agency of Original Jurisdiction requested an addendum opinion, which was provided by the same examiner in September 2020. The examiner again offered a negative opinion, indicating the back disability preexisted service and implying there was no back disability at separation as the Veteran denied recurrent back pain at the time. An additional medical opinion is necessary. As noted by the Board in its last remand, it is recognized that during service the Veteran reported intermittent back pain since a pre-service accident; however, given the normal pre-induction and induction examinations and reports of medical history, for purposes of the requested opinion the examiner was asked to consider the Veteran to have been free of any back disability when he entered service. The examiner did not offer the requested opinion. It is additionally noted that the Board has found credible the Veteran’s statements that his back pain continued in service after an accident where he was thrown from a truck and after carrying heavy loads. This matter is REMANDED for the following action: Send the claims file to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that a current back disability onset during service or is otherwise etiologically related to an in-service injury, event, or disease, to include carrying heavy loads and being thrown from a truck. In offering the opinion, the examiner is asked to consider the lay statements of record about back pain during and after service. For purposes of the opinion, the examiner is asked to accept the following as fact: (a) While the Veteran has reported intermittent back pain beginning prior to service, when he entered service, he was asymptomatic and free of any back disability. (b) The Veteran had back pain during service that is not recorded in the service treatment records, to include after carrying heavy loads and being thrown from a truck. The need for an examination is left to the discretion of the examiner. A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Hofmeister, Attorney Advisor 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.