Citation Nr: 21010359
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 17-47 249
DATE: February 24, 2021

REMANDED

Service connection for a back disorder is remanded.

REASONS FOR REMAND

The Veteran had active military service from March 1991 to December 1996.  He has appealed a February 2017 rating decision denying the above claim.  In October 2020, he had a hearing before the undersigned Veterans Law Judge.

The Board finds that a remand is necessary for an addendum medical opinion. A VA medical opinion was obtained in August 2016 and the examiner was instructed to assume the Veteran’s back disorder clearly and unmistakably preexisted service. The Veteran’s entrance examination was normal, however, and the Board finds the available evidence requires a medical opinion to assist in assessing whether the Veteran’s back condition clearly and unmistakably preexisted service. 

The matters are REMANDED for the following action:

1. Obtain VA records from October 2019 to present from the Massena, New York, CBOC/Syracuse VAMC.

2. Forward the claims file to a VA examiner for review. An in-person examination is unnecessary unless the examiner determines otherwise. 

After a review of the claims file, the examiner should respond to the following:

(a.) Did the Veteran’s current back disorder clearly and unmistakably preexist service?  See entrance documents (STRs, pages 79, 84-85); March 1991 complaint of pain (STRs, page 67) without any diagnosis.

(b.) If the back disorder preexisted service, is there clear and unmistakable evidence that there was no increase in disability during service or that any increase in disability was due to the natural progress of the preexisting disorder?

(c.) If the back disorder did not clearly and unmistakably preexist service, then is the current back disorder as likely as not related to service?

The examiner must address the Veteran’s statements made during the October 2020 Board hearing and the private nexus opinions received in November 2016 and April 2017.  

The examiner must provide a rationale for all opinions provided.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Lavan, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.