Citation Nr: 21010923 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 14-40 415A DATE: February 26, 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 Army from February 1977 to February 1980, followed by service in the Army National Guard. This matter comes before the Board of Veterans Appeals (Board) on appeal from a February 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In the Veteran’s substantive appeal (VA Form 9), the Veteran requested a hearing before the Board in Washington, DC. A hearing was initially scheduled for September 16, 2020, but was rescheduled to November 17, 2020. The Veteran was sent a letter to notify him of the time and place of the rescheduled hearing. The letter also notified the Veteran of how to reschedule if he was unable to attend the November 17 hearing, and that if he did not attend it would be considered a withdrawal of his hearing request unless he filed a motion to reschedule within 15 days of the missed hearing. The Veteran did not appear for the hearing, and did not file a motion to reschedule the hearing within 15 days of missing the hearing. Therefore, the Veteran’s request for a hearing is deemed withdrawn. While the Board regrets additional delay, a remand is necessary for further development. The Veteran contends that he suffers a back disability related to his military service. Specifically, the Veteran claims that his current back pain is related to a documented back injury he suffered while moving boxes, during a mission for the National Guard. The RO determined that the Veteran incurred this injury in the line of duty; the Board will not disturb this favorable finding. The Board notes that the Veteran was never provided a VA examination for his claimed back disability. VA’s duty to assist includes providing a medical examination and obtaining an opinion when it is necessary to decide a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. Specifically, a medical examination is necessary if the claims file does not contain sufficient evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). The threshold for this third requirement, finding a potential link between a current disability and service, is low. Locklear v. Nicholson, 20 Vet. App. 410, 419 (2006); McLendon, 20 Vet. App. at 83. Here, the evidence of record shows that the Veteran has sought medical treatment for back pain multiple times since leaving service, beginning in October 2008. In July 2009, a radiologist noted an impression of degenerative disc disease. A November 2014 electrodiagnostic report listed the Veteran’s presumptive diagnosis as “lumbosacral plexopathy without motor deficit.” The Veteran’s service treatment records (STRs) show that he suffered a back injury in August 1991, which the RO found to have been incurred in the line of duty. Given that there is competent evidence that the Veteran has a diagnosed disability, that he suffered an injury in the line of duty, and that both the claimed disability and the service-related injury involve the Veteran’s back, the Board finds that a remand is required in order to obtain a medical opinion addressing the nature and etiology of any back disability the Veteran has. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Obtain and associate with the Veteran’s electronic claims file any outstanding VA and private treatment records relevant to the issues remaining on appeal. 2. After all outstanding records have been associated with the claims file, schedule the Veteran for a VA examination with an appropriate clinician, to determine the etiology of any back condition the Veteran currently has. The complete claims file and a copy of this remand must be made available to the examiner. Following a review of the complete record, including the Veteran’s lay statements, the examiner should answer the following: (a.) What back condition(s) does the Veteran currently have? (b.) Is it at least as likely as not (50 percent or greater probability) that any back disorder present during the period of the claim is related to the August 1991 back injury noted in the Veteran’s service treatment records? (c.) Is it at least as likely as not (50 percent or greater probability) that any back disorder present during the period of the claim had its onset during, or is otherwise related to, the Veteran’s active duty service? The examiner must provide a complete rationale for all opinions stated, citing all evidence and medical literature relied upon. If the examiner cannot provide an opinion without resorting to speculation, the examiner must explain why. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Shermila Sundquist 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.