Citation Nr: 21031929 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 16-44 956 DATE: May 25, 2021 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 2000 to October 2002. This matter was initially before the Board in November 2018, where it was remanded for additional development. Entitlement to service connection for a lumbar spine disability is remanded. In the November 2018 remand, the Board determined that the Veteran should be afforded an VA addendum opinion to determine the nature and etiology of his back condition. The Board specifically instructed that the examiner should consider whether the Veteran's back pain was caused by sitting/crouching in military vehicles. In September 2019, the RO procured a VA examination to evaluate the etiology of the Veteran's lumbar spine disorder. The examiner diagnosed the Veteran with degenerative arthritis of the spine and rendered a negative nexus opinion. The examiner explained that the Veteran's back pian from service was a benign condition and was, therefore, not an etiological factor for the Veteran's chronic back pain and degenerative spin disease. The examiner, however, did not consider whether the Veteran's current back disorder was caused by sitting/crouching in military vehicles as specifically directed by the Board. Likewise, the VA examiner did not substantially comply with the Board's remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Moreover, the VA examiner's statement that the Veteran's in-service back pain was benign is conclusory and is not supported by an explanation/rationale. Accordingly, the Board finds that remand is warranted for a new VA medical opinion consistent with the directives herein. The matter is REMANDED for the following actions: Obtain a VA medical opinion from an appropriate examiner to determine the nature and etiology of the Veteran's lumbar spine disorder. The claims folder (including a copy of this remand) must be provided to and reviewed by the examiner. The examiner must opine as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran's lumbar spine disability began in service or is otherwise related to service. In doing so, the examiner should consider the Veteran's August 2002 separation examination reporting recurrent back pain and statement that his "back hurts when I sit or lay down to[o] long," as well as the September 2019 VA examination, diagnosing the Veteran with a lumbar strain in 2002. The examiner is specifically requested to address whether there is any medical reason to accept or reject the Veteran's belief that he has manifested a chronic back disability since service when he drove an "M113 and Armored Combat Earthmover" that had "no back rest," on "rough terrain" for "hours a day." The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. PAUL E. METZNER Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Adeleke, T. 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.