Citation Nr: 21022074 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 16-14 711 DATE: April 14, 2021 REMANDED Entitlement to service connection for low back disability at L5-S1 is remanded. REASONS FOR REMAND The Veteran had active duty service from May 1974 to May 1976 with additional service in a Reserve component to include active duty training (ADT) and inactive duty training (IDT). These matters are before the Board of Veterans’ Appeals (Board) on appeal from a March 2006 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021 the Veteran testified at a Board hearing. The Veteran contends he sustained injuries to his low back during active duty training in the Army Reserve. He reported that he served in the Reserve from October 1981 to April 2002. The Veteran’s complete Reserve service records are not associated with the claims file. The RO took action but was unsuccessful with locating such records, which are necessary to reach a decision in this case. The Board is of the opinion that a more thorough search for the Veteran’s outstanding Reserve service records must be conducted. (See December 2015 VA correspondence). On remand, the RO should contact the Department of the Army and other appropriate records repository and request the Veteran’s Reserve service treatment and medical records and military personnel records from October 13, 1981 to April 22, 2002. This should include records that verify all periods of ADT and IDT. Moreover, the Veteran was afforded a VA spine examination in March 2006. The examiner diagnosed degenerative disk disease of the lumbar spine but did not provide a nexus opinion. As such, remand is required for an examination and opinion. In addition, the RO should obtain outstanding VA treatment records from May 2012 to the present. This matter is REMANDED for the following action: 1. Attempt to obtain from the Department of the Army and/or other appropriate records repository the Veteran's Reserve service treatment, medical and military personnel records, from October 13, 1981 to April 22, 2002, including records that verify all periods of ADT and IDT. Efforts to obtain any such records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified. The RO should, if necessary, issue a written Formal Finding on the Unavailability of Federal Records. This memorandum should document the efforts undertaken to secure the Veteran's Reserve service records explaining whether they are unavailable or simply do not exist, or why further attempts to obtain them would be futile. 2. Obtain any outstanding VA treatment records from May 2012 to the present. 3. After the above development has been completed, schedule the Veteran for a VA spine examination to ascertain the nature and etiology of his low back disability. The Veteran's record, including a copy of this remand, must be made available for review, and the examiner should indicate that the Veteran's record was reviewed in connection with the examination. All indicated tests or studies must be completed. The examiner should describe all findings in detail. All current back disorders must be identified. For each diagnosed low back disorder, provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that such disorder is etiologically related to the Veteran’s Reserve service, specifically the Veteran’s complaints of back problems that started in 1995, especially the August 1995 injury diagnosed as bulging disk at the lowest vertebrate that was considered to have occurred in the line of duty. A detailed explanation/rationale is requested for all opinions provided. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Young, 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.