Citation Nr: 21064678 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 16-63 134 DATE: October 21, 2021 REMANDED Service connection for a low back disability is remanded. Service connection for a bilateral hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1972 to October 1976. He also had service in the Reserves. In July 2021, the Veteran testified before the undersigned Veterans' Law Judge. A copy of the transcript is associated with the record. Lower Back Bilateral Hips In his July 2021 hearing testimony, the Veteran noted that the service treatment records from his Reserve service are not associated with his file. Remand is necessary to obtain full copies of the Veteran's Reserve service records. Additionally, the Veteran was not afforded VA examinations regarding the etiology of his lower back and bilateral hip disorders. Upon review of the record, the Board finds that remand is necessary as the low threshold for obtaining such examinations and medical opinions has been surpassed in this case. See 38U.S.C. §5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Attempt to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA of his Reserve service, to include the precise dates of each. 2. Contact the NPRC or any other appropriate facility and obtain the Veteran's complete service treatment records and military personnel file for the dates of the Veteran's Reserve service, including periods of ACDUTRA, and INACDUTRA service as verified above. Document all requests for information as well as all responses in the claims file. If any requested records are not available, or no records are found, that fact must clearly be documented in the claims file. Required notice must be provided to the Veteran and his representative. 3. If possible, obtain copies of the Veteran's employment file, specifically including any medical examination reports, from the Department of Defense regarding his employment at Corpus Christi Naval Base, Corpus Christi, Texas. Document all requests for information as well as all responses in the claims file. If any requested records are not available, or no records are found, that fact must clearly be documented in the claims file. Required notice must be provided to the Veteran and his representative. 4. Thereafter, schedule the Veteran for an examination to determine the nature and etiology of his low back disability and bilateral hip pain. The claims file should be made available to the examiner for review. The examiner is asked to identify any diagnosed disability of the Veteran's hips. 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 and any diagnosed bilateral hip disorder were incurred in, or due to, the Veteran's service. The Veteran's lay statements regarding onset and continuity of symptomology should be recorded and considered. The examiner is specifically asked to review the Veteran's July 2021 hearing testimony wherein he discussed his in-service activities and training preparation as part of a reconnaissance division. The examiner is reminded that the Veteran is credible in his report of his in-service activities/training and that the lack of a service treatment record regarding any injury is not in and of itself sufficient cause to find the Veteran's report of his in-service activities/training/injuries not credible. 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.