Citation Nr: 21006538 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 17-22 824 DATE: February 4, 2021 REMANDED Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1999 to August 2015. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision of Department of Veterans Affairs (VA) Regional Office (RO). The Board issued a decision in September 2019 denying service connection for a back disability. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Order granting a Joint Motion for Remand (JMR) the Court vacated the Board’s September 2019 decision and remanding this issue to the Board for additional development. In accordance with the Court’s August 2020 Order, the Board finds that a remand is necessary for further development before this matter can be adjudicated. Entitlement to service connection for a back disability is remanded. The Veteran claims entitlement to service connection for a back disability which is related to injuries he sustained when he fell out of a helicopter during service. The Veteran has also reported that he was in a 4-wheeler accident during service. The Veteran underwent VA examinations in November 2015 and October 2016 for his back disability. The November 2015 and October 2016 VA examination reports did not adequately address whether the Veteran’s current back disability is related to his reported in-service fall from a helicopter or his complaints of back pain during service. The VA medical opinions also do not adequately address his report that he has had back pain since his separation from active duty service or that he has had symptoms for eight to ten years. On remand, the RO should schedule the Veteran for a new VA examination with a qualified clinician to diagnose any current back disabilities and obtain an opinion as to whether any current back disabilities are related to his active duty service, to include his reported in-service fall from a helicopter and reported in-service 4-wheeler accident, along with his documented in-service complaints of back pain, or lay reports of having symptoms since his active duty service. Additionally, the Veteran supplied a December 2020 statement from T.L., a chiropractor who has treated the Veteran since 2018. The VA examiner should also discuss the December 2020 statement in the opinion provided. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his claimed back disability. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: a) Identify all currently diagnosed back disabilities. b) Opine whether any currently diagnosed back disability is at least as likely as not related to service? The examiner must discuss the Veteran’s reported fall from a helicopter, his reported 4-wheeler accident, his documented in-service complaints of back pain, and his complaints of having symptoms ever since his separation from service. The VA examiner must also address the December 2020 statement from T.L. and provide a thorough rationale to support any opinion. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Boal, 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.