Citation Nr: 22010840 Decision Date: 02/24/22 Archive Date: 02/24/22 DOCKET NO. 20-17 246 DATE: February 24, 2022 REMANDED Entitlement to service connection for a lower back disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1956 to November 1959. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by the U.S. Department of Veterans Affairs (VA) Regional Office (RO). In his VA Form 9, the Veteran requested a hearing before a Veterans Law Judge. In an October 2021 letter, VA informed the Veteran that his hearing had been scheduled for December 16, 2021. The Veteran failed to attend the December 2021 hearing and has neither requested a new hearing nor shown any good cause for missing the hearing. As such, the Board will proceed to address the merits of the Veteran's claim. The record shows the Veteran has been diagnosed with a lower back disability. He has contended that his lower back disability originated during his active service. Specifically, he has asserted that while stationed in Thule, Greenland in 1957 to 1958, he slipped on a patch of ice and hurt his back when exiting a truck on a mountain. See March 2016 Statement. He explained that he went to a medic afterward and received medication and a back brace. Id. He has contended that he has had consistent pain since this episode, which has worsened over the years. Id. At this juncture the Board observes that the record indicates the Veteran's service records may have been destroyed by a fire. See April 2016 VA Request for Information. The Board notes that in cases where a veteran's service treatment records are damaged or destroyed through no fault of their own, there is a heightened duty to assist the veteran in the development of the case. See O'Hare v. Derwinski, 1 Vet. App. 365 (1991). A review of the record shows the Veteran has not been afforded any VA examination or medical opinion to address his contentions. In this regard, the Board notes that VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service, and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79 (2006). In this case, the record shows the Veteran has a current disability. The Veteran's lay statements provide some indication that his disability may be associated with active service. Under these circumstances, the Board finds a remand is warranted for a VA examination. The matters are REMANDED for the following actions: 1. Undertake any indicated development to confirm whether the Veteran's service treatment records and official military personnel file have been destroyed. If they are available, associate them with the claims file. 2. Afford the Veteran an examination to determine the nature and etiology of his lower back disability. Following the examination and a review of the relevant records and lay statements, the examiner should identify all lower back disabilities present during the period of the claim. The Board's reference to evidence in this context should not be construed as a determination of its credibility. See Smith v. Wilkie, 32 Vet. App. 332 (2020). Then, the examiner should opine as to the following: Whether the evidence is in at least approximate balance as to whether each identified lower back disability originated during or is otherwise etiologically related to the Veteran's active service. In providing his or her opinion, the examiner must address the following: a) The Veteran's assertions to the effect that while stationed in Greenland in 1957 or 1958, he injured his back and was provided medication and a back brace when he slipped on a patch of ice while exiting a vehicle; and (Continued on the next page) b) The Veteran's assertions to the effect that he has suffered from back pain ever since his in-service fall, which has worsened over the years. The examiner must provide a complete medical rationale for any opinion proffered. H. SEESEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Hampton, 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.