Citation Nr: 21024943 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 05-06 801A DATE: April 27, 2021 REMANDED Entitlement to service connection for a back disability, to include scoliosis, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1971 to June 1981 and from February 1982 to August 1995. In October 2015, the Veteran provided testimony at a Board of Veterans’ Appeals (Board) hearing. A transcript of that hearing is of record. In January 2016 and August 2020, the Board, in pertinent part, remanded this claim to the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) for additional development. Entitlement to service connection for a back disability, to include scoliosis, is remanded. Unfortunately, due to reasons that follow, an additional remand is required. Although the Board sincerely regrets this additional delay, it is necessary to ensure the Veteran is afforded adequate due process and every possible consideration. The Veteran contends that his back disability is due to his service. Specifically, the Veteran contends that he injured his back in a fall while serving overseas. The Veteran also contends that he has scoliosis and it was aggravated by service. In February 2021, the Veteran’s representative noted that the Veteran was treated for back complaints during active service in 1991 or 1992. Service treatment records (STRs) associated with the claims file noted that the Veteran complained of neck pain and stiffness at least twice in March 1992. During his October 2015 Board hearing, the Veteran testified that his back pain was “from [his] neck down.” See Board hearing transcript, p. 31. VA examiners in December 2019 and September 2020 opined that the Veteran’s condition claimed was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. These examiners reasoned that the Veteran stated he was never seen for his back problem while on active duty. However, the STRs note that the Veteran had multiple cervical spine complaints during active service and as noted, the Veteran has stated that his back pain is from his neck down. Therefore, the Board finds a remand is necessary for an addendum medical opinion so that the March 1992 STRs may be addressed. The matters are REMANDED for the following action: 1. Obtain a VA addendum opinion pertaining to the etiology of the Veteran’s back condition from the September 2020 examiner, or a similarly qualified individual. The examiner should review the record, including prior back examinations, prior to providing an opinion. As to each currently diagnosed disorder of the back, indicate whether it is at least as likely as not that the condition (1) began during active service; (2) is related to any in-service event or injury, to include a fall; or (3), for arthritis only, manifested within one year of active duty service. The examiner should address the Veteran’s competent statements and testimony that he has had continuous back pain since active service and that his pain was from the neck down (see Board hearing transcript, p 31), the Veteran’s spouse’s March 2017 statement that she observed the Veteran had pain in the upper, middle, and low back since 1996, and STR complaints of neck pain and stiffness at least twice in March 1992 as well as provide a complete rationale for all opinions expressed and conclusions reached. If it is not possible to provide the requested opinion without speculation, the examiner must state whether the need to speculate 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). S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Costello, 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.