Citation Nr: 21005484
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 15-35 164
DATE: February 1, 2021

ORDER

The claim of entitlement to an effective date prior to April 7, 2014 for the grant of service connection for hearing loss is withdrawn.

REMANDED

Service connection for a low back disorder. 

FINDINGS OF FACT

1. The Veteran had active service from August 1964 to August 1967.

2. In July 2020, the Veteran indicated his intent to withdraw the claim of entitlement to an effective date prior to April 7, 2014 for the grant of service connection for bilateral hearing loss. 

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to an effective date prior to April 7, 2014 for the grant of service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 7105(d)(5) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran testified before the undersigned Veterans Law Judge in June 2019. A copy of the transcript has been associated with the claims file. In August 2019, the Board denied the claim of entitlement to an effective date prior to April 7, 2014 for the grant of service connection for bilateral hearing loss. He appealed to the Veterans Claims Court but ultimately abandoned his appeal before the court. As such, the claim is dismissed, and no further adjudicative action will be taken. 

REASONS FOR REMAND

In August 2019, the Board denied the claim of service connection for a low back disorder. The Veteran appealed to the Veterans’ Claims Court. In July 2020, the Court Clerk vacated the Board’s decision in a Joint Motion for Partial Remand (JMPR) and remanded the claim for additional development. 

Specifically, the Court noted that the Veteran reported that he had been seeing a chiropractor, Dr. K.S., for a low back disorder for the last ten years but those records were not in the file. 

Further, the Court found that the Board relied on an inadequate VA examination when adjudicating the claim. Specifically, the Court noted that the VA examiner did not address the Veteran’s statements of experiencing continuous back pain since service or his in-service complaints of back pain. Therefore, a medical opinion is needed.

The matter is REMANDED for the following actions:

1. Obtain the Veteran’s clinical records from Dr. K.S. as well as any other clinical records not already associated with the claims file. If these records are unable to be obtained that should be document in the record. 

2. Once these records have been obtained or a determination has been made that these records are not available, direct the claims file to a clinician to provide an opinion as to whether it is as least as likely as not (50 percent or greater probability) that a low back disorder began in service?

The clinician is asked to specifically consider the Veteran’s statements of in-service and on-going back pain.

If the clinician determines that an examination is necessary in order to provide the requested opinion, then one should be scheduled.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ragofsky, Attorney Advisor 

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.