Citation Nr: 21008367 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 14-19 843A DATE: February 16, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from August 1985 to August 1989. Entitlement to service connection for a low back disorder is remanded. The Veteran contends that some of her service treatment records are missing, including hospital treatment records from the base hospital at Chanute Air Force Base and the base hospital at Brooks Air Force Base. In compliance with an April 2018 Board remand, the Agency of Original Jurisdiction (AOJ) contacted the National Personnel Records Center (NPRC), and requested copies of the Veteran’s service treatment records including clinical records for inpatient treatment at Chanute Air Force Base and Brooks Air Force Base from January 1987 through August 1989. Unfortunately, the NPRC was unable to locate any such records. However, review of the Veteran’s service personnel records reflect that she was stationed at Chanute Air Force Base from August 1985 through April 1987. Because the AOJ did not request a search for inpatient hospital records at the Chanute Air Force Base prior to 1987, the AOJ should make an additional request to the NPRC to search for any inpatient hospital treatment records pertinent to the Veteran’s claim from the Chanute Air Force Base from August 1985 through April 1987. Additionally, and regardless of whether the identified in-service hospital records are obtained, the Veteran should be afforded a VA examination to ascertain the nature and etiology of her current low back disorder. Although the available service treatment records do not document complaints of or treatment for a low back disorder, the Veteran has provided competent lay testimony that she experienced low back pain during service, and that her back pain has persisted since that time. Low back pain is a symptom susceptible to lay observation. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). As the Veteran has not yet undergone a VA examination to assess the etiology of her current low back disorder, a VA examination is warranted. 38 U.S.C. § 5103A(d)(2), 38 C.F.R. § 3.159(c)(4)(i); see also McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC) and request all in-patient or clinical records of treatment of the Veteran from the Chanute Air Force Base hospital dating from August 1985 through April 1987. The NPRC should be requested to search for any separately stored records. All attempts to locate and secure the Veteran’s records must be documented in the record. If, after all procedurally appropriate actions to locate and secure the records have been made and it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile, the RO must make a formal finding to that effect. The RO must also provide the Veteran with a proper notice that includes (a) the identity of the specific records that cannot be obtained, (b) an explanation as to the efforts that were made to obtain those records, (c) a description of any further action to be taken by VA with respect to the claims, and (d) that the appellant is ultimately responsible for providing the evidence. 38 C.F.R. § 3.159(e). The Veteran must then be given an opportunity to respond. 2. Regardless of whether the identified in-service hospital treatment records are obtained, provide the Veteran with a VA examination by an appropriate physician to determine the etiology of her low back disorder. The Veteran’s claims file, all electronic records, and a copy of this remand must be reviewed by the examiner, and the examiner must state that this evidence was reviewed in the examination report. All pertinent symptomatology and findings must be reported in detail. All indicated tests and studies must be accomplished. Based upon a complete review of the evidence of record, the VA examiner must state whether it is at least as likely as not (i.e., a 50 percent probability or more) that the Veteran’s low back disorder was caused or incurred as a result of her active duty service. A complete rationale for all opinions must be provided. The examiner must consider and discuss all pertinent evidence in the claims file, to include the Veteran’s lay statements and testimony regarding in-service and post-service symptomatology. Also, the examiner is advised that the Veteran is competent to report observable symptomatology. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Katz, 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.