Citation Nr: 21041861 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 17-29 013 DATE: July 10, 2021 REMANDED Service connection for a lower back condition, status post L5-S1 microdiscectomy is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2004 to June 2004 and from April 2005 to June 2006. The undersigned Veterans Law Judge held a virtual hearing with the Veteran and his representative in August 2020. A transcript has been associated with the claims file. The Veteran contended during his August 2020 hearing before the undersigned Veterans Law Judge (VLJ) that he has a lower back condition that is causally related to performing PT in full gear and manual labor during service in Kuwait in 2005. The Veteran stated that his symptoms progressed from their onset during service culminating in microdiscectomy surgery in 2009. He further reported that he still experiences significant lower back symptoms. The Veteran submitted a statement from his Chiropractor, indicating that the Veteran informed him that his symptoms began in service and had progressively worsened; however, the statement is only that the Veteran informed them that the symptoms began in service and there is no medical opinion with reasoning. The Board cannot make a fully informed decision on this issue because no examiner has opined as to the nature and etiology of the Veteran's claimed lower back condition and whether it is causally related to the Veteran's active military service. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). Accordingly, a remand is required for a VA examination to determine whether the Veteran has a lower back condition that is causally related to his active duty service. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Obtain any outstanding private or VA treatment records and associate all such records with the Veteran's claims file. 2. Then, schedule the Veteran for an in-person examination with an appropriate examiner to determine the nature and etiology of the Veteran's claimed lower back condition. The entire claims folder should be made available and reviewed by the examiner. All indicated studies should be performed and all findings should be reported in detail. The examiner is requested to provide an opinion as to whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran's claimed lower back condition is due to or otherwise causally or etiologically related to his military service. (Continued on the next page) The examiner is asked to specifically consider the Veteran's August 2020 hearing testimony regarding experiencing back pain symptoms during service that have persisted through the present. The examiner must include a rationale with all opinions, citing to supporting clinical data/medical literature as appropriate. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kyle McKone 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.