Citation Nr: 21012647 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-31 805 DATE: March 4, 2021 REMANDED Service connection for a back disability is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Army from June 1986 to July 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision. In June 2018, the Veteran testified at a hearing before a Veterans Law Judge who is no longer with the Board. A transcript of that hearing is of record. In a January 2021 letter, the Veteran was provided 30 days to notify the Board if he wished to testify at another hearing. To date, neither the Veteran nor his representative have responded. In March 2019, the Board denied the claim for service connection for a back disability. The Veteran appealed the March 2019 Board decision to the United States Court of Appeals for Veteran’s Claims (Court). In a July 2020 Order, the Court vacated the Board’s March 2019 decision and remanded the matter for action consistent with the terms of a Joint Motion for Remand (JMR). The parties to the JMR agreed that the Board relied on a May 2017 VA examination that is inadequate. Specifically, the JMR noted that the May 2017 VA examination relied on the fact that there was a delay of nine or ten years between the Veteran’s discharge and the onset of his current back symptoms without explaining the significance of such a delay. Further, the JMR noted that the examiner based its opinion on an inaccurate factual premise. The examiner stated that there was only one documentation of back pain in January 1991, however, there was a service treatment record dated April 1988 indicating the Veteran reported back pain between the shoulder blades. As such, a new VA medical opinion consistent with the terms of the July 2020 JMR is required. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s back disability is at least as likely as not (50 percent or greater probability) incurred in or caused by the Veteran’s military service. The claims file should be provided to the physician for review. Specifically, the physician must address the Veteran’s complaints of back pain in-service. The rationale for the opinion must be provided. If a physical examination is deemed necessary by the physician, one should be scheduled. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jorge Barroso, 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.