Citation Nr: 21070865 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 17-44 674 DATE: November 26, 2021 REMANDED Entitlement to service connection for low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2010 to December 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned in July 2021. The transcript is of record. Entitlement to service connection for low back disability is remanded. The Veteran contends that his low back disability had its onset during his active service. Specifically, the Veteran reported that carrying heavy equipment and backpacks during his military service caused his back disability. See July 2021 Hearing Transcript. The Veteran was subsequently provided a VA examination in connection with his low back disability in May 2015. See July 2015 C&P Exam. The examiner diagnosed lumbar strain and noted the Veteran's reports that the onset of his low back pain and stiffness was in 2012 from carrying heavy gear in Afghanistan. In a September 2015 addendum to the May 2015 VA examination, the examiner provided an opinion as to whether the lack of records related to the obvious difficulties of seeking medical attention in combat. See September 2015 C&P Exam. However, the Board notes that the examiner did not provide an opinion specifically as to whether the Veteran's low back disability is related to his period of active service. The Veteran also indicated in his August 2017 substantive appeal that he did not recall telling the May 2015 VA examiner that he was not treated or seen while in service and claimed the examiner made an inaccurate or false statement since he did receive treatment and medication related to his back near the end of his last deployment. See August 2017 Form 9. Thus, the Board finds that a remand is warranted to obtain a VA opinion that determines whether the low back disability had its onset during or is otherwise caused by the Veteran's period of active service and considers the Veteran's lay statements. The matter is REMANDED for the following action: 1. Obtain any outstanding VA treatment records dated since 2014. 2. After completion of the above development, obtain an addendum opinion by an appropriate examiner to determine the nature and etiology of any diagnosed low back disability. The claims file, to include a copy of this Remand, must be provided to and be reviewed by the VA examiner. The VA examiner is asked to respond to the following: Is it at least as likely than not that the Veteran's current low back disability is related to his military service? The examiner should consider and address the Veteran's lay statements that he received treatment and medication (Tramadol) related to his back pain near the end of his last deployment and that his back disability is due to carrying heavy equipment on his back during active service and that his back pain has continued since separation from military service. A complete rationale should be provided for all opinions given. The opinion should be based on examination findings, historical records, and medical principles. If the requested opinion cannot be provided without resorting to mere speculation, the examiner should so state but, more importantly, explain why an opinion cannot be provided without resorting to speculation, as merely stating this will not suffice. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.