Citation Nr: 21031237
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 13-15 118
DATE: May 21, 2021

REMANDED

Entitlement to service connection for a low back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1983 to February 1984.

The Veteran testified at a hearing before the undersigned Veterans Law Judge in June 2015. A transcript of that hearing is associated with the claims file.

Addressing the relevant procedural history, this claim was most recently previously before the Board in October of 2018 at which time it was remanded for a new VA examination and opinion. It has now been returned to the Board for further adjudication. Unfortunately, an additional remand is necessary. 

A VA opinion was obtained in June of 2021 in order to comply with the Board's October 2018 remand. This examiner stated that "it is clear and unmistakable (undebatable) that the veterans low back disorder pre-existed his active duty service". However, the examiner did not offer any rationale in stating that the condition wasn't aggravated during the Veteran's military service. As such, the Board cannot make a fully-informed decision until an addendum opinion is obtained. 

The matters are REMANDED for the following actions:

1. Obtain an addendum opinion from the VA clinician who authored the January 2021 opinion, or if not available, from an appropriate similarly situated clinician regarding whether there is clear and unmistakable evidence that the claimed back disorder, which clearly and unmistakably preexisted service, was not aggravated by service. The entire claims file, including a complete copy of this remand, should be made available to and be reviewed by the clinician, and it should be confirmed that such records were available for review. The examiner should discuss all relevant evidence including the service treatment records referencing back problems as well as the history provided by the Veteran.  The clinician must provide the underlying reasons for any opinions provided in the form of a full rationale. 

2. Thereafter, readjudicate the claim. If the benefits sought on appeal remain denied, issue a supplemental statement of the case to the Veteran and his representative. Then return the appeal to the Board for further appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Smith, Associate 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.