Citation Nr: 22011707 Decision Date: 03/01/22 Archive Date: 03/01/22 DOCKET NO. 14-12 743 DATE: March 1, 2022 REMANDED Entitlement to service connection for a back disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1974 to August 1980, including foreign service. He testified during a June 2019 travel board hearing. A transcript of this proceeding has been associated with the record. Procedurally, this appeal was remanded by the Board in September 2019 to obtain a VA examination. Said examination was obtained in December 2019; partly upon this evidence, the Board denied the appeal in December 2020. Upon receipt of a Joint Motion for Partial Remand (JMPR), the Court of Appeals for Veterans Claims (Court) vacated the Board's determination and remanded the matter for further adjudication in October 2021. In so doing, the Court asserted that the December 2019 was not sufficiently responsive to the Board's September 2019 remand directives, such that the provisions of Stegall v. West, 11 Vet. App. 268, 271 (1998), were not met. Upon this finding, the Board now remands the appeal for a new VA opinion, directly responsive to the Court's concerns. The matter is REMANDED for the following action: Obtain an addendum opinion regarding the Veteran's claimed back disorder. If the reviewing examiner determines that the opinions requested may not be offered without first examining the Veteran, such examination shall be scheduled. The claims file and a copy of this remand must be made available for review, and the examination report must reflect that review of the claims file occurred. In particular, the examiner is asked to offer medical opinions as to: (1) Is it at least as likely as not (50 percent probability or more) that the Veteran's current back disorder began in service, was caused by service, or is otherwise related to service, including the documented 1977 injury. (2) The examiner must also opine whether it is at least as likely as not that the current back disorder (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. In doing so, the examiner must explicitly address the Veteran's 2009 lay statements regarding continuity of symptomatology. In formulating the opinion, the examiner is advised that the term "at least as likely as not" does not mean "within the realm of possibility." Rather, it means that the weight of the medical evidence for and against the claim is so evenly divided that it is as medically sound to find in favor of the claim as it is to find against it. A complete rationale should be provided for all opinions or conclusions expressed. It should be noted that the Veteran is competent to attest to observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.