Citation Nr: 21007646 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 15-08 406 DATE: February 10, 2021 REMANDED Entitlement to service connection for a back disability, to include a thoracolumbar spine disability, is remanded. REASONS FOR REMAND The Veteran had active service from November 1974 to November 1977 in the United States Marine Corps (USMC). This case initially came before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In July 2017, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In June 2018, the Board remanded the issue for additional development. In a July 2019 decision, the Board denied entitlement to service connection for a back disability. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In July 2020, pursuant to a Joint Motion for Remand (Joint Motion), the Court vacated the Board’s decision. In the Joint Motion, the parties noted that during a hearing before a Decision Review Officer (DRO), the Veteran stated that his military occupational specialty (MOS) was changed to military police because of the back injury he sustained during service. The DRO noted that his service personnel records were not associated with the claims file and indicated that they would be obtained; however, it does not appear that a request for those records was ever made. Therefore, the Board finds that a remand is necessary so that those records can be obtained In addition, the parties to the Joint Motion noted that it was unclear whether the March 2019 VA examiner considered the Veteran’s reports of onset and continuity of his symptoms and records of treatment for his back disability since service. Therefore, the Board finds that a remand is necessary for a supplemental VA medical opinion. The matter is REMANDED for the following actions: 1. The AOJ should attempt to obtain any outstanding service personnel records and associate those records with the claims file. 2. Then, return the case to the VA examiner who conducted the March 2019 examination for an addendum opinion regarding the nature and etiology of the Veteran’s thoracolumbar spine disabilities. The claims file must be made available to, and reviewed by the examiner. After a review of the evidence of record, to include consideration of any newly received records, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any current present thoracolumbar spine disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. The examiner should specifically state that he or she has considered the Veteran’s reports of onset and continuity of his symptoms and private medical evidence indicating that the Veteran received treatment for his back since active service. A rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 4. Then, readjudicate the issue on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mishalanie, 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.