Citation Nr: 21070544
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-31 426
DATE: November 24, 2021

REMANDED

Entitlement to service connection for low back condition is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Air Force from September 1966 to September 1970.

The matters come before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the Veteran's claims in July 2021 for further development.

Entitlement to service connection for a low back disability.

Unfortunately, another remand is required to ensure substantial compliance with the Board's previous remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board previously remanded this appeal for a new VA examination that specifically addressed the Veteran's statements, and the medical receipts from 1976. While a new opinion was obtained in an August 2021 examination, the examiner did not address the Veteran's claims and the 1976 records when rendering a medical opinion. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). Another remand is necessary to obtain an addendum opinion that specifically addresses the Veteran's statements, and the records from 1976.

The matters are REMANDED for the following action:

Obtain a VA opinion, to determine the etiology of the Veteran's low back condition. The claims file and a copy of this remand must be made available for review.

Following a review of the pertinent evidence, the examiner must determine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's low back condition is related to service. The examiner must discuss the Veteran's statements and the medical receipts from 1976 when rendering an opinion. A lack of contemporaneous medical records does not serve as an "absolute bar" to a service connection claim.

A clear rationale must be provided for all opinions expressed. If the examiner is unable to provide an opinion without resorting to mere speculation, then the examiner must state this and provide any information needed to make an opinion, if possible.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lent, Edward

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.