Citation Nr: 21010291 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 20-01 056 DATE: February 24, 2021 REMANDED Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1967 until October 1980. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902 (c). 38 U.S.C. § 7107 (a)(2). The Veteran testified at a hearing before the undersigned Veterans Law Judge in February 2021. This case has been processed unde the Board’s “One Touch” initiative; a transcript of the hearing will be associated with the file at a later date. Entitlement to service connection for a back disability is remanded. The Veteran asserts that he has a back disability that is etiologically related to service. He testified at the recent hearing that he experienced back pain during service as a result of his physical duties. He credibly asserted that he did not seek treatment at the time because it was not part of the service culture. He also credibly testified that he did not seek treatment for back pain for many years after service for the same reason. The Board cannot make a fully informed decision in this matter because the medical opinions of record are inadequate. The February 2017 VA examination did not include a review of the Veteran’s service treatment records. A November 2017 VA opinion is inadequate because it is internally inconsistent. The examiner said they were “unable to establish connection of condition during military service,” but concluded the “back injuries were incurred in service.” The negative October 2019 opinion is inadequate because the basis of the opinion is essentially a lack of documented treatment since service. The examiner did not consider the Veteran’s competent report of continuous symptoms since service. On remand, an adequate medical examination and opinion regarding the Veteran’s claimed back disability must be obtained. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his claimed back condition. The examiner should be provided with a copy of all pertinent documents, including a copy of this remand. 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. The examiner is asked to provide a response to the following: a. Elicit a complete history of service complaints from the Veteran. b. Identify all currently diagnosed back disabilities. c. For each diagnosed back disability (or related functional impairment, if not diagnosed), is it at least as likely as not (50 percent or greater probability) related to the Veteran’s active military service? The examiner is notified that the Veteran is competent to report symptoms he has experienced, any diagnoses he has been told by a medical professional, and the circumstances of his service including it being the culture of his unit not to seek medical treatment or go to sick call. All provided opinions must be supported by complete rationale. If the examiner cannot provide a requested opinion without resort to speculation, they should say why. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.D. Collins, 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.