Citation Nr: 21070746 Decision Date: 11/25/21 Archive Date: 11/25/21 DOCKET NO. 17-51 365 DATE: November 25, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1987 to June 1992. In March 2019, the Board remanded the case for further development by the originating agency. The case has been returned to the Board for further appellate action. Entitlement to service connection for a low back disability is remanded. The Veteran contends that his currently diagnosed low back disability is related to practices with ejection seat training to retain his flight status during active service, and marching with heavy equipment during active duty. See April 2017 NOD, September 2017 VA Form 9, and August 2020 correspondence from the Veteran. In an August 2020 statement, the Veteran reported that he receives treatment for his back disability from a private physician, who recommended a lower back fusion and prescribed a medicinal back brace until his follow-up visit on September 25, 2020. See August 2020 correspondence from the Veteran. On remand, an attempt should be made to obtain any outstanding private treatment records not currently associated with the claims file. Additionally, the Board notes that additional pertinent evidence has been added to the record since the issuance of the statement of the case (SOC) in July 2020. See August 2020 buddy statements. The issue on appeal has not been readjudicated since the additional evidence was added to the record. Pertinent evidence is initially reviewed by the agency of original jurisdiction (AOJ). Additional pertinent evidence that becomes available after the SOC, but prior to certification to the Board is to be addressed in an additional supplemental statement of the case (SSOC). 38 C.F.R. § 19.31 (b) (2019). After certification to the Board, such evidence must be referred back to the AOJ for initial review. 38 C.F.R. § 19.37 (b) and 20.1304(c) (2019). Exceptions are when the Veteran or his representative waives this review, or when the Board grants the benefit being sought in full. Id. In this case, additional evidence has been added to the record following certification of the issue on appeal noted above to the Board in October 2017. Neither the Veteran nor his representative has waived AOJ review of this additional evidence. See 38 U.S.C. § 7105 (e) (2012); 38 C.F.R. § 20.1304 (c) (2019). Thus, a remand is required so that a SSOC may be issued with consideration of all the evidence of record with regard to the remanded claim for service connection for a low back disability. Finally, the Board notes that the Veteran requested his service treatment records (STRs) in his April 2017 notice of disagreement (NOD), in his October 2017 VA Form 9, and again in the aforementioned August 2020 statement. On remand, to the extent possible, any necessary authorizations or forms should be sought from the Veteran in order to send the STRs to him. The matters are REMANDED for the following action: 1. Updated VA treatment records should be obtained and added to the claims file/e-folder. 2. If possible, after seeking and obtaining any necessary forms or authorizations from the Veteran, send the Veteran all of his STRs that are in the claims file, as requested in his April 2017 NOD, his October 2017 VA Form 9, and his August 2020 statement. 3. Contact the Veteran and request that he provide contact information as to all post-service treatment of his low back disability, and the names and addresses of any other health care providers. Upon receipt of the requested information and the appropriate releases, the RO should contact all identified health care providers, and request that they forward copies of all available clinical documentation pertaining to treatment of the Veteran, not already of record, for incorporation into the record. If identified records are not ultimately obtained, the Veteran should be notified pursuant to 38 C.F.R. § 3 159 (e). 4. After completion of the above and any other development deemed necessary, review the expanded record, taking into consideration all relevant evidence associated with the record since the July 2020 SOC, and readjudicate the issue on appeal. If the claim remains denied, the Veteran and his representative should be furnished an appropriate supplemental statement of the case, afforded an opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if in order. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board F. Yankey, 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.