Citation Nr: 21070002 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 16-39 317 DATE: November 22, 2021 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1965 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Board remanded the matter for processing of an October 2020 VA Form 21-4142 requesting VA's assistance in obtaining records from Dr. D. Jones. The Board directed that in the event any private records were received, an addendum medical opinion should be provided. On remand, the RO sent a request to Dr. D. Jones in March 2021 and a follow-up request in April 2021. In July 2021, after no response had been received, the RO notified the Veteran of this fact, issued a supplemental statement of the case continuing to deny the Veteran's claim, and returned the matter to the Board. The record reflects that in August 2021, Dr. D. Jones mailed to VA a letter stating that though their office received the follow-up April 2021 letter, they had never received the original March 2021 request for records. Moreover, they noted that while the April 2021 letter stated it enclosed a copy of the March 2021 request, they did not find that March 2021 request enclosure and therefore were "unable to determine what records are being requested." Despite this, Dr. D. Jones did furnish records from 2015 to 2020. In light of the receipt of these new records, the Board finds that an addendum medical opinion should still be provided in order to provide full review of the records newly received from Dr. D. Jones relating to the Veteran's treatment for his lumbar spine. Moreover, before obtaining the new opinion, the Board will direct the RO to re-send the original March 2021 request for records to Dr. D. Jones for any records starting October 1, 2010, in order to afford the office the opportunity to provide any records that may still be outstanding. See 38 U.S.C. § 5103A(b). Accordingly, the matter is REMANDED for the following action: 1. Take appropriate action to send to the office of Dr. D. Jones a copy of the March 19, 2021 request for records starting October 1, 2010. 2. After appropriate time has passed in order for Dr. D. Jones to respond to the request for records, obtain an addendum opinion regarding the etiology of the Veteran's lumbar spine condition. It is left to the discretion of the clinician whether a new examination is required. The clinician is asked to opine whether it is at least as likely as not that the any of the Veteran's currently diagnosed lumbar spine conditions: (a) Was incurred in or caused by active service, to include the February 1966 injury in which, while the Veteran traveled in stormy seas to another boat by way of landing craft, a shackle holding the two ships together became untethered from the larger ship and swung into the Veteran's low back; (b) Manifested within 1 year after separation from service; or, (c) Was chronic during service and had manifested in continuous symptoms since separation. In rendering these opinions, the clinician must discuss the Veteran's statements that he has had problems with his back ever since then, including pain, tingling, and numbness radiating into his lower extremities; as well as an August 2016 letter from the Veteran's wife, who has known the Veteran since approximately three years after his separation, stating that the Veteran has experienced difficulties since his service. 3. After the above development and any other development deemed necessary is completed, readjudicate the Veteran's claim. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Davis, 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.