Citation Nr: 21068943
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-49 755
DATE: November 17, 2021

REMANDED

Entitlement to service connection for a lower back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1953 to June 1956.

In May 2020 the Board of Veterans' Appeals (Board) issued a decision that denied entitlement to service connection for a lower back disorder. The Veteran appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). In a July 2021 order, the Court granted a Joint Motion for Remand (JMR) and vacated the Board's decision. The matter returns to the Board for further action consistent with the Joint Motion for Remand.

Entitlement to service connection for a lower back condition is remanded.

The JMR requested the Board to review two issues. First, "the Board erred when it failed to address lay statements about [the Veteran's] in-service fall and his low back disability" including lay statements from his fellow veterans. The second

 

issue the JMR requested for review was analysis of whether he was properly provided notice of his scheduled VA examination. See Joint Motion for Remand, dated July 6, 2021.

Upon review, the Board finds that the Veteran may not have been given proper notice of his VA examination. On January 9, 2020, a Report of General Information indicates that the Veteran was contacted through his home phone number, but no answer was received. The next day, VA indicated via letter that a private facility would contact him with scheduling information. The Veteran's file does not indicate that the private facility contacted the Veteran. On January 22, 2020, VA reports indicate that the Veteran did not show up for his examination. The Board also notes that the Veteran requested the new examination during his hearing.

Remand is appropriate for scheduling a new examination.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination with an examiner of appropriate expertise to determine the etiology of his low back disorder.

Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or greater) that the Veteran's lower back disorder is related to his service. 

The examiner is advised that the Veteran is competent to report injuries and symptoms, and that his reports must be considered when formulating the requested opinions. The examiner is also requested to discuss the lower back disability as it was diagnosed in June 2003.  The Board makes no determination as to credibility.

A complete rationale for any opinion expressed should be provided in a report.

2. The AOJ should document that the Veteran was informed of the examination.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonah Nelson, 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.