Citation Nr: 21073309 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 19-20 496 DATE: December 8, 2021 REMANDED Service connection for lumbar spine condition is remanded. REASONS FOR REMAND Back condition The Veteran served on active duty in the United States Army from October 1964 to January 1970 and from November 1970 to August 1974. Additionally, he served in the United States Navy from November 1974 to January 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). Although the Veteran requested the opportunity to testify at a hearing before a Veterans Law Judge, he failed to report to the proceed and his representative has submitted written argument on his behalf. Thus, the Board will adjudicate this claim with the evidence in record. The Veteran reports that service connection is warranted for his low back disability because the disability had its onset in service and has continued thereafter. Specifically, he reported injuring his back with a footlocker in service and receiving medical treatment. See NOD (May 2017); see also VA medical examination (November 2016). The Veteran's service treatment record (STR) confirm that he was treated for back problems in service. See STR (January 1965, December 1968 and June 1969). On November 2016, a VA examiner provided a negative nexus opinion as to the etiology of the Veteran's low back disability. The rationale was that his medical records do not support the Veteran's currently diagnosed back condition since they developed subsequently to his condition in service. The examiner reported that the Veteran currently suffers from levo curvature of the lumbar spine, anterolisthesis and retrolisthesis of lower back. However, the examiner did not mention or discussed the diagnosis of low back osteoarthritis found in the Veteran's medical records. Additionally, a complete rationale was not provided supporting the medical and lay evidence regarding the nature, cause and etiology of his back condition. Moreover, the examiner did not discuss the credible medical and lay evidence of back pain and functional impairment with back problems recurrences after his injury in service. See Veteran statement (July 1980). In addition, the examiner did not consider if his back condition is aggravated, proximately due or related to his service-connected knee disabilities. Therefore, on remand the examiner should determine the nature, cause, and etiology of his back condition, as well, if his condition is related caused or proximately due to his service-connected conditions. As there is no adequate examination to determine the nature, onset and etiology of his back condition, as well, if his condition is proximately due or aggravated by his service-connected disabilities, a remand is necessary to have the Veteran examined and for an examiner to review his claims folder and provide opinions necessary to adjudicate this appeal. The matter is REMANDED for the following action: 1. Obtain complete VA and non-VA treatment records of the Veteran's back condition. 2. Notify the Veteran that he may submit additional lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his in-service and post-service back problems, and in particular, his report of having back problems since service. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 3. Schedule a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible). Whether an in-person examination is necessary should be determined by the examiner. The examiner must opine as to whether it is at least as likely as not that the Veteran's back condition is related to or had its onset in service. The examiner must review all the credible and competent medical and lay evidence, about the Veteran's back condition onset, etiology, nature and symptoms in and after service. Additionally, the examiner must opine if his back condition is aggravated or proximately due to service or his service-connected conditions. In offering this opinion, the examiner must acknowledge and discuss the Veteran's competent lay statements of his condition and any lay evidence regarding the onset of his disability. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Alvarado- 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.