Citation Nr: 21012498 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 14-23 148 DATE: March 4, 2021 REMANDED Service connection for a low back disorder.   REASONS FOR REMAND The Veteran served on active duty from August 1986 to March 1987. The case is on appeal from a February 2013 rating decision. Most recently, in January 2019, the Board remanded the appeal for additional development. That same month, the Veteran’s private attorney withdrew representation and informed the Veteran of such. As the Veteran has not appointed another representative, he is unrepresented in this matter. Service connection for a low back disorder. Pursuant to the Board’s January 2019 remand, the Veteran was to be scheduled for VA examination. A September 2020 record notes that in August 2020, the Veteran cancelled the examination scheduled in December 2020 and was attempting to reschedule the examination for an earlier date. See September 2020 VA 21-0820. The Board notes that neither a notice of cancellation nor a notice of a failure to report for examination with respect to the December 2020 examination is associated with the claims file. However, a Contact History reflects several telephone calls in August 2020 between the Veteran and the examination provider. See December 2020 C&P Exam. In addition, and although an opinion was obtained in October 2020, the examination was not rescheduled and there is no indication that the Veteran is unwilling to report for VA examination. Further, and although the October 2020 opinion notes low back strain during service in December 1986, see September 2016 Military Personnel Records, as well as initial post-service back complaints in 2010, it does not reflect consideration of the February 2017 records reflecting the Veteran’s reported history of chronic back pain since service in compliance with the Board’s January 2019 remand directives. In view of the above, and the fact that the Veteran is currently unrepresented, the Veteran is to be rescheduled for VA examination. See Stegall v. West, 11 Vet. App. 268 (1998); 38 C.F.R. § 20.904(a). In view of the remand, VA treatment records since the issuance of the December 2020 supplemental statement of the case should be obtained. The matter is REMANDED for the following action: 1. Obtain VA treatment records since December 2020. 2. Schedule the Veteran for an examination (or telehealth interview, records request, etc. if an in-person examination is not feasible) by an appropriate clinician to determine the nature and etiology of a low back disorder. The claims file must be made available to and reviewed by the clinician. Any indicated studies should be performed, and all findings should be reported in detail. The clinician should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that a low back disorder had its onset during or within the initial year after service or is otherwise related to an in-service injury, event, or disease. (Continued on the next page)   In considering the evidence, consider the Veteran’s lay statements and reported history of chronic back pain having its onset during service and ever since, see February 2017 Medical Treatment Records – Furnished by SSA, as well as the February 1986 service entrance examination report and low back strain noted in December 1986. See September 2019 Military Personnel Record. Rationale for all opinions expressed should be provided. If the clinician is unable to provide the requested opinions without resort to speculation, it must be so stated, and he or she must provide the reasons why an opinion would require speculation. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Taylor 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.