Citation Nr: 21024980 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-05 401 DATE: April 27, 2021 REMANDED Service connection for degenerative arthritis of the lumbar spine (claimed as low back disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1978 to August 1982 with additional periods of active duty training. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa. This matter was previously before the Board in December 2018 and was remanded for further development. This matter returned to the Board in November 2019 during which it denied the Veteran’s claim for service connection for a low back disability. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Veterans Court). In October 2020, a Joint Motion for Remand (JMR) was issued. Service connection for a low back disability is remanded. In the October 2020 JMR, the parties found that the Board denied service connection for the Veteran’s low back disability based on an inadequate opinion from the May 2019 VA examiner. On remand, an examination must be scheduled to determine whether the Veteran’s low back disability is causally related to her service. The matters are REMANDED for the following action: 1. Please note that, by law, ALL remanded claims must be processed expeditiously. 2. Arrange for an addendum medical examination from an appropriate examiner to assess whether the Veteran’s low back disability was causally related to her service. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. The examiner is requested to provide the following opinion: 3. Is it at least as likely as not (a 50 percent probability or greater) that any of the Veteran’s reported symptoms are results of an in-service back injury? The term “at least as likely as not” does not mean within the realm of medical possibility, but rather the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it. The examiner should make note of the Veteran’s stated in-service injury during which a slack of slabs fell on her back in 1976. A detailed explanation (rationale) is required for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alexander Bahus 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.