Citation Nr: 21074882 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 19-26 931 DATE: December 16, 2021 REMANDED Service connection for a low back condition is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1962 to January 1965. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran had a Board hearing before the undersigned Veterans Law Judge in September 2021. A transcript of the hearing has been obtained and associated with the claims file. The contends that his low back condition, which preexisted his military service, was aggravated during his military service when he injured in April 1963 and in the course of performing his duties such as filling sandbags while stationed in Vietnam. The Veteran stated that he experienced symptoms such as pain in service and since that time. The Veteran was afforded a VA examination in October 2016 where the examiner opined that the low back condition, which clearly and unmistakably existed prior to service, was clearly and unmistakably not aggravated beyond its natural progression by an in-service injury, event, or illness. The VA examiner explained there the evidence did not show that there was a continuity of symptomatology as "there [was] no medical evidence that the [V]eteran has any documented findings or symptoms indicating a current diagnosis of a Lumbar Spine Condition that incurred in or was caused by his time in service, nor is there any documented lay evidence or history of persistent or recurrent symptoms, treatment or residuals thereof for the claimed disability." However, despite the VA examiner's determination, the Board finds that the VA examination opinion is not adequate. Namely, the VA examiner determined there was a lack of a chronic condition either after service but failed to consider the Veteran's lay statements that he continued to experience symptoms of pain during service and since separation from service. See Dalton v. Nicholson, 21 Vet. App. 23, 39-40 (2007) (finding a medical examination inadequate where the examiner impermissibly ignored the appellant's lay assertions regarding onset of symptoms or injury during service). Here, the Veteran testified at the September 2021 Board hearing and submitted several lay statements from others familiar with his low back symptoms regarding its continuity since service. As such, the Board finds an addendum VA opinion with an adequate rationale is warranted. The matters are REMANDED for the following action: Obtain an addendum opinion as to whether the Veteran's pre-existing low back condition clearly and unmistakably was not aggravated beyond the natural progression of the disability during service? Why or Why not? If an opinion cannot be provided without a physical examination, one should be scheduled. The VA examiner should consider and discuss the Veteran's lay statement regarding symptomatology, the service treatment records, the October 2016 VA examination report, and any relevant VA and private treatment records. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Yoo, 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.