Citation Nr: 21070829
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 14-26 919
DATE: November 26, 2021

REMANDED

The claim for service connection for a low back disability is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1976 to May 1989.  This matter initially came before the Board on appeal from a June 2012 rating decision.  In November 2016, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ).  

In a February 2018 decision, the Board denied the Veteran's claim for service connection for a low back disability.  The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court).  In a November 2018 Order, the Court vacated the Board's denial of the claim for service connection for a low back disability and returned the issue to the Board for development consistent with a joint motion for partial remand (JMPR).  In the JMPR, the parties determined that the Board had failed in its duty to assist, by failing to attempt to obtain possible outstanding records associated with the Veteran's claim for worker's compensation for a back injury in 1994.  The parties also maintained that the Board had failed to provide adequate reasons and bases as to the adequacy of a March 2012 VA examiner's opinion that was against the claim and unsupported by any rationale. 

In November 2019, the Board remanded the claim for service connection for a low back disability consistent with the terms of the JMPR.  In an October 2020 decision, the Board denied the claim.  The Veteran again appealed.  In a June 2021 Order, the Court vacated the Board's denial of the claim for service connection for a low back disability and returned the issue to the Board for development consistent with a JMPR.  In the JMPR, the parties argued, in part, that in denying the claim for service connection for a low back disability, the Board had failed to address the Veteran's statements as general observations of symptoms, and whether the statements supported entitlement to service connection for a low back disability through a showing of continuity of symptomatology.  The JMPR also asserted that the Board had failed to ensure that the Agency of Original Jurisdiction (AOJ) had adequately pursued the Veteran's Workman's Compensation records.

Specifically, it was argued in a June 16, 2021 brief that the address the AOJ had requested the records from was incorrect.  See p. 11.  The Veteran's representative argued that the records should be sought from:

A)	U.S. DOL, Office of Workers' Compensation, 214 N. Hogan Street, Suite 1006, Jacksonville, FL 32202.

B)	U.S. DOL, Office of Workers' Compensation, P.O. Box 8311, London, KY 40742.

As such, another attempt should be made to obtain the records.

(CONTINUED ON NEXT PAGE)

 

The matter is REMANDED for the following action:

1. Seek to obtain the Workers' Compensation records from the Veteran's 1994 claim, including sending requests for records to the following two locations:

a)	U.S. DOL, Office of Workers' Compensation, 214 N. Hogan Street, Suite 1006, Jacksonville, FL 32202.

b)	U.S. DOL, Office of Workers' Compensation, P.O. Box 8311, London, KY 40742.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Carole Kammel, 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.