Citation Nr: 21075730 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 18-23 449 DATE: December 21, 2021 REMANDED Entitlement to service connection for degenerative joint disease of the lumbar spine is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION REASONS FOR REMAND Entitlement to service connection for degenerative joint disease of the lumbar spine is remanded. The Veteran served on active duty from November 1983 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge in August 2021. A transcript of the hearing is in the Veteran's file. The record shows the Veteran was afforded a VA examination in December 2017. The examiner did not link the Veteran's current disability with service. In doing so, however, the examiner indicated she was unable to consider the Veteran's testimony of ongoing back pain since service as the October 2017 DRO hearing transcripts were not associated with the Veteran's file. The hearing transcripts have since been added to the claims file, and therefore an addendum opinion should be sought. Furthermore, the examiner indicated a belief that the Veteran's back complaints in service ended in 1985. However, there are STRs where the Veteran is noted with back pain, and identify him as age 27, suggesting the year was 1986. In addition, a 1987 treatment record notes low back pain. As such, it was factually inaccurate for the examiner to state that the Veteran's low back pain had resolved in 1985. Therefore, on remand, a new medical opinion based on review of all available potentially relevant records and an accurate medical history is required. Lastly, at the Board hearing, the Veteran indicated that he was treated by a civilian doctor during his reserve duty with medication and therapy for his back pain. A review of the claims file indicates that these treatment records have not been associated with the claims file. Therefore, a remand is necessary to allow VA to attempt to obtain these records. The matters are REMANDED for the following action: 1. Ask the Veteran to identify any private medical providers discussed in August 2021 Board hearing who may have treated the Veteran for his low back pain. Ask the Veteran to complete a VA Form 21-4142 for each medical provider so identified, and attempt to obtain those records. 2. Obtain a VA medical opinion to determine the nature and etiology of the Veteran's DJD of the lumbar spine. The claims file should be made available and reviewed by the opinion provider. If deemed necessary, afford the Veteran a VA examination. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the several records of back pain in service. A complete rationale for all stated opinions must be provided. 3. Readjudicate the issue on appeal. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Jaigirdar, 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.