Citation Nr: 21069589
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 18-11 148
DATE: November 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served in the United States Army, on active duty from June 1967 to May 1969. 

This claim comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

In July 2021, Veteran testified before the undersigned Veterans Law Judge. A transcript of that hearing is of record. 

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

The Veteran contends that his low back condition is related to active-duty service. Specifically, he asserts it was related to his fall from a two-and-a-half-ton truck while stationed at Fort Bragg, North Carolina, in 1967. 

In July 2017, the Veteran was afforded a VA examination to determine the etiology of his low back condition. Unfortunately, the Board finds the VA examiner's opinion to be inadequate. Specifically, the VA examiner stated that while there was clear evidence of low back issues and a history of treatment, "no in service records related to the 'in service event' make it unable" to provide an opinion. However, the Board notes the Veteran's service treatment records reflect he complained of back pain in December 1967. As the VA examiner's opinion is based on no in-service event or injury, and a review of the service treatment records indicate a complaint of low back pain, an addendum opinion is needed. 

The matters are REMANDED for the following action:

1. Offer the Veteran an opportunity to submit additional evidence. The RO should obtain records related to treatment at any VA facility not already of record.

2. Return the claims file to the examiner who provided the July 2017 opinion as to the nature, extent, onset, and etiology of the Veteran's low back condition. 

The complete claims file should be made available to the examiner. The examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that his low back condition is etiologically related to the Veteran's active-duty service. The examiner should specifically address the Veteran's in-service complaint of back pain indicated in a December 1967 treatment note. 

All opinions should be accompanied by adequate reasons and bases. If the examiner cannot provide the requested opinion without resorting to mere speculation, they should provide a complete explanation stating why this is so. 

In so doing, the examiner should explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that they have exhausted the limits of current medical knowledge in providing an answer to that particular question(s). 

A new examination is not required unless the previous examiner is not available or otherwise deemed necessary by the RO.  

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. McDonald