Citation Nr: 21011004 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 16-33 527 DATE: February 26, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran had active duty in the U.S. Navy from July 1970 to March 1974 with duties as an aviation storekeeper. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2013 rating decision of the Regional Office (RO). In June 2019, the Board denied service connection for a low back disability. The Veteran appealed the decision to the United States Court of Appeals for Veteran's Claims (Court), resulting in a Joint Motion for Remand (JMR) by the parties. A June 26, 2020, Court Order remanded the matters for compliance with instructions in the JMR. Low Back Disability In the JMR, the parties moved to vacate the Board's decision and remand the appeal because the Board erred by relying on the inadequate November 2013 VA examination. The examination JMR indicated that the November 2013 VA examiners rationale contradicted his own findings. See June 23, 2020 CAVC Decision, p. 3. In its June 2019 decision, the Board noted the Veteran’s contention that his back problems had their onset in service and that they have continued since that time. The record showed that the Veteran had a current diagnosis of low back strain. Service treatment records showed that the Veteran’s Navy occupation required lifting and pushing and contained records of treatment for back pain followed by physical therapy. A separation physical examination showed a resolution of the problem after therapy. A VA examiner in November 2013 acknowledged the Veteran’s Navy occupation and a report by the Veteran that he had recurring back pain after active duty, but noted no continuity of symptomatology without resolving the inconsistency. In January 2021, the Veteran submitted a letter from a private chiropractor who attributed the current back disorder to heavy physical stress in the military and noting that lumbar disc abnormalities existed since 2005. The chiropractor based his opinion only the Veteran’s lay statements of pain since 1972. In the JMR, the parties ordered the Board to obtain a new examination which will include a review and comment on the January 2021 chiropractor’s opinion. Therefore, a new examination is needed. The matters are REMANDED for the following action: 1. Contact the Veteran and his representative and request that they provide or identify and authorize the recovery of any additional private records or treatment for his low back disability including records of care by the private chiropractor who provided the January 2021 opinion . If obtained, associate these treatment records with the claims file. All records/responses received must be associated with the electronic claims file. 2. Request outstanding records of VA outpatient treatment, if any, for the Veteran and associate them with the claims file. All records/responses received must be associated with the electronic claims file. 3. Thereafter, schedule the Veteran for an appropriate VA examination of his low back disability. The examiner should be provided a complete copy of the claims file. The Board requests that the examiner review the entire claims file in conjunction with the examination including the service treatment records, the results of the previous VA examination and opinion, and the January 2021 chiropractor’s letter and opinion. The examiner is requested to provide a diagnosis of any low back disability and provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any diagnosed low back disability had its onset during active duty or is caused or aggravated by any in-service disease, event, or injury. It should be noted that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable and discernable symptomatology. The examiner should provide a comprehensive rationale for each conclusion reached. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Long-Ellis, 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.