Citation Nr: 21061470 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 17-22 146 DATE: October 4, 2021 REMANDED Entitlement to service connection for lower back disability, to include degenerative arthritis of the lumbar spine, is remanded. REASONS FOR REMAND The Veteran served in the United States Navy on active duty from July 1972 to January 1974. The issue comes before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The issue was previously before the Board in September 2019. The Board remanded for additional development. Although the Board sincerely regrets further delay, another remand is necessary to provide the Veteran with every possible consideration. Further development is necessary prior to appellate review to provide an adequate medical opinion that addresses evidence of record favorable to the Veteran. Entitlement to service connection for lower back disability, to include degenerative arthritis of the lumbar spine, is remanded. The Veteran contends that he suffers from a back disability, including degenerative arthritis, which incurred in service and continued since separation. VA has a duty to provide the veteran a thorough medical examination, one which takes into account the veteran's prior medical history and describes the disability in sufficient detail so that the Board's evaluation of the claimed disability is fully informed. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). A VA examination must contain clear conclusions with supporting data, and a reasoned medical explanation connecting the two. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008). The Veteran submitted lay statements demonstrating that he first experienced low back pain after sustaining repeated injuries as an aircraft mechanic on the flight deck while in service. The Veteran provided lay evidence with his March 2014 Notice of Disagreement that his back pain began in service as a result of long hours working as an aircraft mechanic and continued since service. Further, the Veteran reported in his April 2017 Form 9, that the tie down hooks under jet wings repeatedly struck his lower back, causing chronic pain in service. The Veteran's service treatment record from April 1973 shows that the Veteran received treatment following the Veteran's claimed back injury. The Veteran's medical treatment records demonstrate that the Veteran complained of back pain and stiffness since 1995. The Veteran, as a layperson, is competent to report his observable symptoms, such as pain, and to provide opinions on certain subjective medical issues. See Layno v. Brown, 6 Vet. App. 465, 470 (1994); see also Kahana v. Shinseki, 24 Vet. App. 428, 435 (2011). The March 2020 examiner failed to address pieces of evidence favorable to the Veteran, including the Veteran's lay evidence regarding his reported medical history and chronicity of low back pain. As the VA medical opinion is inadequate, remand is needed to provide the Veteran an opinion that accurately addresses the Veteran's lay evidence of record and clearly addresses the Veteran's claimed condition. Miller v. Wilkie, 32 Vet. App. 249, 260 (2020); see also Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). The matters are REMANDED for the following action: Obtain an addendum opinion from the March 2020 VA examiner regarding the Veteran's lumbar spine condition, to include degenerative arthritis, or, if not available, another appropriately qualified VA medical professional. If the examiner determines that an examination is needed to provide the requested opinion, then such examination should be scheduled and may be conducted via telehealth or similar service during the social distancing restrictions of the COVID-19 pandemic. The claims file should be reviewed in conjunction with the examination. A copy of this remand should be made available to the examiner. Following a review of the evidence of record, to include the Veteran's lay statements of the onset and continuity of symptoms of his condition, the examiner must opine as to: Whether it is at least as likely as not (50 percent probability or more) that the Veteran's back condition, to include degenerative arthritis and disc degeneration, had its onset during or is otherwise etiologically related to active-duty service. For the purposes of this examination, the VA clinician must address the Veteran's statements regarding the repeated in-service injuries from run-ins with jet tiedowns, as well as the Veteran's assertions that his low back pain began in service and continued. The examiner must provide a comprehensive report including a clearly stated rationale for any opinions offered and conclusions reached, citing the objective medical findings leading to the conclusions, and must not be based solely on the lack of records. In this regard, the Board emphasizes that the Veteran is competent to report his symptoms and history, and such statements by the Veteran regarding symptomatology and medical history must be specifically acknowledged and considered in formulating any opinions concerning the onset and severity of his disability. If such reports are rejected by the examiner, a reason for doing so must be provided. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.V. Bona, 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.