Citation Nr: 21031441 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 16-34 120 DATE: May 21, 2021 REMANDED Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a low back disorder is remanded. REASONS FOR REMAND The Veteran had active service from June 1988 to February 1992. This matter comes before the Board of Veterans' Appeals (Board) from a January 2015 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran appeared before the undersigned Veterans Law Judge in a February 2021 virtual hearing. A transcript of that hearing is of record. See hearing transcript, February 2, 2021. The record was held open for an additional 90 days following the hearing to allow for the submission of evidence; however, no additional evidence was received. 1. Low Back Disorder The Veteran asserts that she experiences a lumbar spine disorder which is related to her active service. Specifically, the Veteran asserts that her preexisting scoliosis was aggravated by her active service to include injuries to her back. See hearing transcript, February 2, 2021. A July 2004 rating decision denied service connection for chronic low back pain based on a lack of nexus and an April 2013 rating decision denied the claim on the same basis. The January 2015 rating decision on appeal declined to reopen a claim of service connection for a low back disorder. During the February 2021 hearing, the Veteran testified that she had a current Worker's Compensation claim pending in California and that the basis of that claim was the aggravation of a pre-existing back disorder. No attempt to obtain records from any indicated Worker's Compensation agency has been undertaken, and such an attempt must be made on remand. The matter is REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and her representative and afford her an opportunity to submit any copies in their possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Obtain any records regarding the Veteran's current Worker's Compensation claim and history from any indicated source. Any relevant authorizations should be obtained. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Lech, 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.