Citation Nr: 21024975
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 13-03 650A
DATE: April 27, 2021

REMANDED

Entitlement to service connection for a back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1980 to March 1983.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision by the Columbia, South Carolina Regional Office (RO) of the United States Department of Veterans Affairs.   

This matter was previously remanded by the Board in May 2018, February 2020, and October 2020, for additional development.

Unfortunately, after a review of the file, the Board finds that there was not substantial compliance with the October 2020 remand orders pertaining to the claim of entitlement to service connection for a back disability and another remand is necessary. See Stegall v. West, 11 Vet. App. 268 (1998).

The Board finds the February 2021 opinion to be incomplete for adjudication purposes as the directives in the October 2020 Board remand were not complied with. The examiner did not address the Veteran’s September 2012 statement to VA providers that he has suffered chronic back pain from an injury in-service. On remand, an addendum opinion as to the etiology of the Veteran’s claimed back disability should be obtained. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Send the Veteran’s claims file to a VA examiner that has not examined him before. The claims file must be reviewed by the examiner. If the examiner determines another VA examination is necessary, one should be scheduled. The examiner must identify all current disabilities of the lumbar spine present during the appeal period (from October 2010).  

For each diagnosed lumbar spine disability, the examiner must opine as to whether it is at least as likely as not (50 percent or greater probability) that such disability was either incurred in or otherwise related to the Veteran’s military service. 

The examiner must consider and discuss the Veteran’s four buddy statements, the Veteran’s May 1980 and May 1982 in-service treatment for low back pain, the Veteran’s September 2012 statement to VA providers that he has suffered chronic back pain from an in-service injury, and the September and October 1992 private treatment for back pain. 

A full and complete rationale for all opinions expressed is required.

 

2. The AOJ must confirm that the remand directives have been followed and all evidence cited above is discussed by the VA examiner.

 

 

MARTHA R. LUBOCH

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Dworkin, 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.