Citation Nr: 21040491 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 15-46 246 DATE: July 3, 2021 REMANDED Entitlement to service connection for thoracic and lumbar spine scoliosis (low back disability) is remanded. Entitlement to service connection for joint pain is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Marine Corps from November 1972 to November 1975. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge in March 2019. In November 2019, the Board reopened the Veteran's previously denied claim of entitlement to service connection for a low back disability, and remanded that claim and the joint pain claim for further development. 1. The claim for thoracic and lumbar spine scoliosis (low back disability) is remanded. 2. The claim for service connection for joint pain is remanded. While the Board regrets the delay, additional development is required before the Board may render a final decision. First, with respect to both claim, a review of the Veteran's claims file reveals that he had previously filed a claim for benefits with the Social Security Administration. VA is required to obtain records in the care of a Federal agency such as SSA. Accordingly, remand is required to seek these records. Second, with specific regard to the Veteran's claim for service connection for a low back disability, the RO obtained additional opinions as directed by the Board in its previous remand. These opinions, however, did not answer all the questions posed by the Board. Accordingly, a remand is required to ensure that the Board's directives are properly addressed. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records dated from October 2020 and thereafter and associate them with the claims folder. 2. Obtain records pertaining to the Veteran's claim filed for Social Security Administration (SSA) disability benefits. 3. Obtain an opinion from an appropriate examiner to determine the nature and etiology of his claimed low back disorder. It is requested the examiner provide an opinion whether it is at least as likely as not (50 percent or greater probability) that the Veteran's back disability (other than scoliosis) began during active service; or is related to an incident of service; or if arthritis is diagnosed, began within one year after discharge from active service. With regard to scoliosis, address the following questions: a. Whether it is a congenital defect, a congenital disease, or neither. (A defect is a condition that can neither improve nor worsen. A congenital disease, for VA purposes, is a congenital condition that is subject to improvement and/or worsening). b. If it is a congenital defect, explain whether it is at least as likely as not (a probability of 50 percent or greater) that there was a superimposed injury or disease in active duty that resulted in additional disability of the back. c. If it is a congenital disease, determine whether there is clear and unmistakable evidence that it existed prior to service. If so, the examiner must then address whether there is clear and unmistakable evidence that it did not worsen beyond its normal progression during service. d. The examiner is advised that the evidentiary standard for whether a condition existed prior to service is "clear and unmistakable," which is a formidable evidentiary standard, requiring that the preexistence of a condition and the no-aggravation result be "undebatable." e. If scoliosis were found to be neither a congenital defect nor disease, determine whether it is at least as likely as not that it first began during or is otherwise related to service. In providing the requested opinion, the examiner is asked to thoroughly consider competent history reported by the Veteran of back injury and symptomatology during service, along with what records show. A complete rationale should be offered for all opinions provided. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Lyons, 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.