Citation Nr: 21011150
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 09-22 142
DATE: March 1, 2021

REMANDED

Entitlement to service connection for a thoracolumbar spine disability, including thoracic spondylosis and lumbosacral strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1973 to September 1996.

This matter comes before the Board of Veterans’ Appeals (Board) from a June 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran passed away in September 2018.  His spouse has been properly substituted as the appellant.  This issue was previously remanded by the Board in June 2018 and has since returned to the Board for further adjudication.

Although the Board regrets additional delay, remand is necessary to properly address the appellant’s contentions.

In June 2018, the Board remanded this issue to obtain a VA opinion on whether the Veteran’s thoracic spondylosis had its onset during his military service.  In October 2020 a VA examiner opined that it was less likely than not that the Veteran’s spondylosis began during service.  The examiner stated service treatment records were negative for any back injury or complaints during active duty service.  The diagnosis of thoracic spondylosis is noted to have been diagnosed in 2010, over 10 years after separation from service.

This opinion is not based on the correct factual record.  The Veteran’s service treatment records note thoracolumbar spine and lower back complaints and treatment.  As such, remand is necessary to obtain an opinion on whether the Veteran’s thoracic spondylosis or lumbosacral strain onset during his military service based on the factual record. 

The matters are REMANDED for the following action:

1. Ask the appellant to identify all outstanding treatment records relevant to treatment for the thoracolumbar spine.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current thoracolumbar spine disability, including thoracic spondylosis and lumbosacral strain onset during service or is otherwise related to an in-service injury, event, or disease, to include his in-service complaints regarding the thoracolumbar spine.  

A rationale for all opinions offered is requested as the 

 

Board is precluded from making any medical findings. 

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Hofmeister, Attorney Advisor

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.