Citation Nr: 21042034 Decision Date: 07/11/21 Archive Date: 07/11/21 DOCKET NO. 19-05 106A DATE: July 11, 2021 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran had active duty service from January 1957 to May 1962. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a lumbar spine disability is remanded. In the present case, the Veteran has been diagnosed with osteoarthritis of the lumbar spine and asserts his lumbar spine disability was incurred in service. The Veteran asserts that he injured his back in late 1960 or early 1961 when he was crawling in a fire valve put underneath a launch pad. He was forced to crawl through narrow spaces that were surrounded by waterlines and valves. He turned sideways and twisted his back. He was admitted to the hospital and was required to stay for three weeks. The Veteran was notified in a January 2018 letter that his service-treatment records were destroyed and are unavailable. January 2001 x-rays of the Veteran's lumbar spine revealed disc degenerative disease. An August 2011 treatment record noted that the Veteran's complaints of low back pain have been gradual with the last episode occurring thirteen years prior to that date. Given that the Veteran has a present disability that may be related to service, the Board finds that a VA examination is warranted on remand. The matter is REMANDED for the following actions: 1. Obtain and associate with the claims file the Veteran's VA treatment records, if any. 2. Ask the Veteran to identify any updated private treatment records for his lumbar spine disability (since 2012) and furnish the appropriate signed release(s). If he fails to furnish the necessary release(s), he should be advised to obtain the records and submit them to the VA. 3. After completion of #1 and #2, schedule the Veteran for a VA examination to determine the nature and etiology of his lumbar spine disability. The claims file, including a copy of this remand, must be reviewed and such review should be noted in the examination report. The examiner should identify all lumbar spine disabilities found on examination and identified during the pendency of this claim (2016) and respond to the following: A. Is it at least as likely as not (probability of at least 50 percent) that the Veteran's lumbar spine disability had its onset in and/or is otherwise etiologically related to his period of active service? B. Is it at least as likely as not (probability of at least 50 percent) that the Veteran's lumbar spine arthritis manifested to a compensable degree within one year of discharge from service? The examiner is advised that the Veteran's service-treatment records are unavailable and his or her opinion should not be based solely on the lack of documentation. The examiner must provide a comprehensive rationale for each opinion provided. The examiner should discuss the Veteran's treatment records and his March 2018 and February 2019 statements noting his in-service injury. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. (Continued on the next page) If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Merrick 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.