Citation Nr: 21061694 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 14-19 037 DATE: October 5, 2021 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1968 to June 1972. During his period of service, the Veteran earned the Purple Heart Medal with one star, Combat Action Ribbon, National Defense Service Medal, Vietnamese Service Medal with one star, Vietnamese Campaign Medal, Vietnamese Cross of Gallantry, Marksman Pistol Badge, and Marksman Rifle Badge. Entitlement to service connection for a lumbar spine disability Pursuant to the July 2020 Board remand, the Veteran appeared for a VA back conditions examination in February 2021. The VA examiner opined that it was less likely than not that the Veteran's lumbar spine disability was incurred in or caused by service, as the Veteran's in-service spine condition was acute only. Though the VA examiner acknowledged the Veteran's reports of continuous lumbar spine symptoms since 1969, the examiner stated that there were no treatment records until 2011. Moreover, the Veteran did not have lumbar spine treatment until 2020. As there was no evidence of chronicity of care, a nexus could not be established. Unfortunately, the Board finds the February 2021 VA examination is inadequate for adjudication purposes, as the VA examiner appears to base the negative findings solely on the lack of contemporaneous treatment records. The Board notes that lack of documentation of continuity of care in itself cannot form the basis for a negative nexus opinion. Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006). As such, the claim must be remanded in order to obtain an adequate examination and opinion. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). The matter is REMANDED for the following action: Schedule the Veteran for a VA examination with the appropriate examiner to address the nature and etiology of his lumbar spine disability. The examiner must review pertinent documents in the Veteran's claims file in conjunction with the examination. This must be noted in the examination report. Any studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that a current lumbar spine disability was incurred in service or is otherwise medically related to service. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. The examiner is further reminded that the lack of medical treatment records cannot serve as the sole basis for a negative finding. Rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Tracy O. Joseph, 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.