Citation Nr: 21062086
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 16-29 938
DATE: October 6, 2021

REMANDED

Service connection for a low back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 2006 to May 2007 and from July 2010 to August 2011, including National Guard service. 

The Board previously remanded this matter in December 2019.

Low Back

The VA examination provided to the Veteran in February 2020 is inadequate for adjudication purposes. The examiner in rendering his opinion did not indicate that he had reviewed the Veteran's service treatment records which document his periods of active duty for training in December 2013. As such, a new examination opinion is warranted. 

The matter is REMANDED for the following action:

Obtain a VA examination opinion by an appropriate clinician to determine the nature and etiology of the Veteran's low back disorder. The claims file should be made available to the examiner for review. 

The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's low back disorder was incurred in, or due to, the Veteran's service. The examiner is asked to note the Veteran's period of service, including his periods of active duty for training in 2013. 

The Veteran's lay statements regarding onset and continuity of symptomology should be recorded and considered.

A rationale for all opinions must be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.