Citation Nr: 21022382 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 19-09 017 DATE: April 15, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1965 to April 1967. This appeal comes to the Board of Veterans’ Appeals (Board) from a June 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board regrets the additional delay another remand will undoubtedly cause the final adjudication of this claim, however, for the reasons noted below, the Board finds further development is still needed in order to afford the Veteran every opportunity to substantiate the claim. Low back disorder The Veteran is seeking entitlement to service connection for a back disorder that he believes is due to his military service. Specifically, the Veteran has stated that he experienced back pain following parachute jumps during his active duty military service, which have continued and worsened through the present. See August 2018 Notice of Disagreement. In June 2019, the Board remanded this matter to the Agency of Original Jurisdiction (AOJ) to obtain an adequate VA examination and opinion of the Veteran’s back and identify any evidence that would help determine whether the back disability is related to the Veteran’s military service to include a history of parachute jumps. The Veteran was examined by VA in March 2020 but in rendering the requested etiological opinion, the examiner indicated she could not render an opinion without resorting to speculation because she needed to review outstanding treatment records. See March 2020 VA Medical Opinion. Consequently, this appeal was again remanded in June 2020 for a new examination and opinion. In December 2020, the Veteran was provided a VA examination for non-degenerative arthritis, which confirmed no current diagnoses within this category. See December 2020 Non-degenerative Arthritis Disability Benefits Questionnaire (DBQ). An accompanying opinion noted that no diagnosis of inflammatory arthritis was available, and the evidence of record indicated the Veteran current lower back symptoms are related to his lumbar degenerative arthritis with spinal stenosis, which clearly started many decades after he separated from military service. The examiner concluded that it was less likely than not that these disorders were due to service and, therefore, a nexus has not been established. See December 2020 VA Medical Opinion. A subsequent January 2021 VA Back Conditions DBQ and Medical Opinion noted current diagnoses of lumbosacral strain, degenerative arthritis, and intervertebral disc syndrome (IVDS). The examiner again concluded that it was less likely than not the currently diagnosed disorders are attributable to the Veteran’s military service. As rationale, the examiner noted the absence of any complaint, injury, treatment, or diagnosis for a back disorder during service, and there is no treatment for almost 40 years after discharge. The Board finds the December 2020 and January 2021 VA medical opinions inadequate for rating purpose as both examiner’s failed to specifically consider the Veteran’s contentions that these disorders are due to injuries sustained while in service and, specifically, as due to his paratroop duties. Moreover, the January 2021 VA examiner impermissibly relied on the absence of in-service treatment or diagnoses to conclude against this claim. Therefore, a remand is required for an addendum opinion. The matters are REMANDED for the following action: 1. Obtain an an addendum opinion regarding the Veteran’s diagnosed back disorders from a different VA examiner than the January 2021 examiner. The AOJ should provide the examiner with a complete copy of the claims file to include this remand order. See, e.g., Veteran's August 2018 Notice of Disagreement and attached letter. The AOJ should ensure the opinion addresses the following: (a.) The VA examiner should identify all current disabilities associated with the Veteran's back based on review of the claims file and an examination of the Veteran if necessary. (b.) For each current disability identified, the examiner should opine whether the disability was at least as likely as not (50 percent or greater probability) caused by the Veteran’s military service. The examiner MUST COMMENT on the Veteran's reports that he experienced back pain following parachute jumps during his active duty military service, which the Veteran asserts has continued and worsened through the present. (c.) The examiner must explain if the described parachute jumps would lead to the currently diagnosed disorders and explain why or why not. (d.) In regard to any diagnoses of arthritis, the examiner should opine whether the Veteran's arthritis at least as likely as not manifested to a compensable degree (e.g. pain resulting in some loss of rage of motion) within one year of a period of military service. If the examiner is unable to provide an opinion on this matter, the examiner must state whether the inability to render an opinion is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. THE AOJ MUST REVIEW THE CLAIMS FILE AND ENSURE THAT THE FOREGOING DEVELOPMENT ACTION HAS BEEN COMPLETED IN FULL. IF ANY DEVELOPMENT IS INCOMPLETE, APPROPRIATE CORRECTIVE ACTION MUST BE IMPLEMENTED. (Continued on the next page)   IF ANY REPORT DOES NOT INCLUDE ADEQUATE RESPONSES TO THE SPECIFIC OPINIONS REQUESTED, IT MUST BE RETURNED TO THE PROVIDING EXAMINER FOR CORRECTIVE ACTION. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Berry, 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.