Citation Nr: 21008674 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 14-28 607A DATE: February 17, 2021 REMANDED Entitlement to service connection for a low back condition is remanded. REASONS FOR REMAND The Veteran had active service from February 1969 to February 1971. 1. Entitlement to service connection for a low back condition is remanded. The Veteran contends that he has a current low back condition that is related to back pain during active service. The Veteran’s separation medical history in 1971 notes an affirmative answer in the history of “back trouble of any kind.” The RO denied a claim for service connection for back condition in 1972. The Veteran submitted new and material evidence and the claim was reopened in a prior Board decision. The Veteran was afforded a VA examination in October 1971 wherein the examiner noted the Veteran reported back pain with heavy lifting but was able to bend over to where his fingertips reached six inches from the floor and did not report pain at the time of examination. The Veteran submitted additional medical records including a January 2008 MRI and subsequent back treatment records. The Veteran is also treated at VA medical centers that document ongoing current back pain complaints and diagnoses related to the lower back. This case was previously remanded for a VA examination and opinion which were completed in April 2019. The examiner opined that because the STRs were silent with respect to back treatment or other treatment within one year of separation, that the back condition was not related to service. However, in order to properly evaluate the Veteran’s claim, the Board requires that the examiner discuss the related evidence such as the mention of back pain upon separation in 1971, the previous VA examiner’s discussion in 1971, as well as the Veteran’s lay statements that he carried heavy objects and did kitchen work during active service that he thinks resulted in the current low back condition. Service connection may be established for disability resulting from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service. 38 U.S.C. § 1110, 1131. To establish a right to compensation, a Veteran must show: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. 38 C.F.R. § 3.303(a); see also Davidson v. Shinseki, 581 F.3d 1313, 1315-16 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Board cannot determine the medical etiologies of disease. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991) (VA may only consider independent medical evidence to support its findings and is not permitted to base decisions on its own unsubstantiated medical conclusions). The RO should request an addendum opinion that discusses these issues mentioned above. The matters are REMANDED for the following action: 1. Obtain a new medical opinion from an appropriate clinician regarding the Veteran’s low back condition. The examiner is asked to provide a response to the following based on a thorough review of the Veteran’s electronic claims file: (a.) In the opinion, please include a reference to: i. The prior VA examiner’s comments from 1971 ii. The Veteran’s “yes” answer to “back trouble of any kind” on the January 1971 medical history iii. The Veteran’s lay comments that he worked in the kitchen/warehouse during service and that such work caused back problems (b.) Is it at least as likely as not that any current low back condition (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? The examiner should provide a rationale to support any opinion(s) rendered. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Miller 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.