Citation Nr: 21011406 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 13-00 297A DATE: March 1, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for bilateral lower extremity sciatic pain, to include as secondary to low back disorder is remanded. REASONS FOR REMAND Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for bilateral lower extremity sciatic pain, to include as secondary to low back disorder is remanded. This case was most recently before the Board in December 2020 when it was remanded for additional developments. It appears that the appeal may have been returned to the Board prematurely; the requested development has not been completed. As there has not been substantial compliance with the previous remand directives, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Obtain an etiology opinion (with examination or telehealth interview, review of the record, etc., if needed) from an appropriate medical profession on the likely etiology of the Veteran’s any diagnosed back disability.  Copies of all pertinent records should be made available to the examiner for review. The examiner should answer the following:   (a.) Identify all diagnosed back disabilities since August 2009, to include spondylosis and extruded disc.  (b.) For each diagnosed back disability, is it at least as likely as not related to an in-service injury, event or disease to include his duty operating a bulldozer for sixteen hours a day while in Vietnam and his in-service reports of back and treatment for low back pain? Why or why not?  (c.) If no specific back disability is diagnosed, the examiner must consider whether any pain results in functional impairment of earning capacity.  For any identified functional impairment of the back, the examiner must opinion whether it is at least as likely as not related to an in-service injury event, or disease to include his duty operating a bulldozer for sixteen hours a day while in Vietnam and his in-service reports of back and treatment for low back pain. Why or why not?  The examiner should consider and discuss as necessary the Veteran’s credible lay statements that he has had continued back pain since service and the findings of the May 2010 and May 2013 VA examinations that suggested significant functional impairment due to the Veteran’s back-related symptoms. The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate.  If an opinion cannot be provided, the examiner should indicate why. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of service connection for bilateral lower extremity sciatic pain. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Eric Struening 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.