Citation Nr: 21066851 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 18-50 373 DATE: November 2, 2021 REMANDED Entitlement to service connection for a lower back condition is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2010 to June 2011 and July 2013 to March 2014. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in April 2021. 1. Entitlement to service connection for a lower back condition is remanded. The Veteran contends his lower back condition is related to active duty service. Specifically, he asserts that he has lower back pain due to helicopter vibrations. See April 2018 VA examination. Private treatment records reveal diagnoses of a lower back condition prior to the appeal period. Specifically, multiple private chiropractic records between July 2016 and March 2017 reflect diagnoses of segmental and somatic dysfunction of lumbar region, radiculopathy of the lumbosacral region, segmental and somatic dysfunction of thoracis region, segmental and somatic dysfunction of sacral region and segmental and somatic function of pelvic region. September 2017 and July 2017 private chiropractic records reveal diagnoses of segmental and somatic dysfunction of lumbar region, radiculopathy of the lumbosacral region, and segmental and somatic dysfunction of thoracis region. Earlier private treatment records between July 2014 to December 2014 reveal diagnoses of SEG dysfunction lumbar; lumbar disc degeneration; lumbalgia, thoracalgia; and SEG dysfunction thoracic. The Veteran was afforded a VA back conditions examination in April 2018. The VA examiner found there was no evidence found of a back condition in the record to warrant a current diagnosis of a lower back condition. The April 2018 VA examiner's opinion notes the Veteran's prior reports of lower back pain in 2014 and 2016 private treatment records and the January 2014 examiners comment of "back pain cumulative helicopter vibration/moving equipment" on post deployment health re-assessment, however the VA examiner's opinion does not account for the above diagnoses. While the examiner found no current disability, the Board requires an opinion as to the etiology of any condition that may have been diagnosed during the Veteran's appeal period. As stated in Romanowsky, "when the record contains a recent diagnosis of disability prior to a veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency." Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013). Accordingly, a new VA medical opinion must be obtained that accounts for the Veteran's previous diagnoses. The matters are REMANDED for the following action: 1. Arrange for an appropriate health care provider to review the Veteran's claims file and provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any lower back condition had its clinical onset during service or is due to an event or incident of the Veteran's period of active service. If the reviewing health care provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished. Following review of the claims file, the examiner should provide an opinion addressing the following: (a.) Whether the Veteran has had a lower back condition during the pendency of the appeal. If the examiner concludes the Veteran does not have a current diagnosis of a lower back condition, the examiner must address the previously treated and diagnosed lower back conditions found in the Veteran's private treatment records. (b.) If no such disability or disorder is identified in response to the foregoing, the examiner must also opine whether it is as likely as not (50 percent or more probability) that the Veteran's subjective reports of back pain result in functional impairment that affects his earning capacity. If so, his reports should be considered a disability for the purposes of this opinion. (c.) Whether it is at least as likely as not (50 percent or greater probability) that any lower back condition diagnosed by the private chiropractor had its clinical onset during service or is due to an event or incident of the Veteran's period of active service. The examiner should consider the lay statements submitted in July 2021 from a fellow service member and the Veteran's spouse. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be considered in formulating the requested opinion. However, if there is a medical reason to doubt its veracity, the examiner should explain why the Veteran's statements or recollection are inconsistent with the evidence in this case, medical principles relating to the onset and progress of the disease, the specific findings in the record, and/or your professional judgment. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Aston, 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.