Citation Nr: 21020991
Decision Date: 04/09/21	Archive Date: 04/08/21

DOCKET NO. 14-02 327
DATE: April 9, 2021

REMANDED

Entitlement to service connection for a back condition is remanded.

REASONS FOR REMAND

The appellant is a Veteran who had a period of active duty for training (ACDUTRA) from November 1981 to February 1982.  He also had a verified period of inactive duty for training (INACDUTRA) from January 7, 1984, to January 8, 1984, and ACDUTRA from July 7, 1984, to July 21, 1984.  He was discharged from service in January 1986.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision by the Seattle, Washington, Regional Office (RO) of the Department of Veterans Affairs (VA).  In September 2016, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge.  The transcript of that hearing is of record.  The issue remaining on appeal was last remanded in June 2020.  

1. Entitlement to service connection for a back condition is remanded.

Although this matter was previously remanded, the Board finds that additional development is required for an adequate determination.  Social Security Administration (SSA) evidence was added to the record in July 2020, including treatment reports dated in January 1985 and April 1985 pertinent to the matter on appeal.  Significantly, the April 15, 1985, report of C.D.R., D.C., F.A.C.O., indicated the Veteran had some pre-existing problems causing back pain associated with a service-related motor vehicle accident in 1984.  The specific pre-existing problems were not identified.  The Board notes that VA medical opinions were obtained in May 2019 and December 2020, but that the provided opinions as to etiology do not adequately address a February 2014 VA medical opinion nor the available treatment records associated with the Veteran’s back injuries in 1984.  As such, an additional VA medical opinion is required prior to appellate review.

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran has, presently or for any identifiable period of time during the appeal, a back disorder that is at least as likely as not related to an injury sustained during a recognized period of military service.  The examiner must address the pertinent evidence of record, including the February 2014 VA medical opinion and the SSA records dated in January 1985 and April 1985.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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.