Citation Nr: 22014575 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 17-43 749 DATE: March 14, 2022 REMANDED Entitlement to service connection for a back disorder, to include claimed spina bifida occulta, is remanded. REASONS FOR REMAND The Veteran had active service from October 1970 to May 1972 and December 1990 to May 1991, as well as other National Guard service. This matter is on appeal from a June 2016 rating decision. In November 2019, the Veteran had a hearing before the undersigned Veterans Law Judge. In October 2020, the Board reopened the claim for service connection and remanded for additional development, to include verifying the Veteran's National Guard service, obtaining outstanding VA treatment records, and getting a new VA medical opinion. The Board notes that additional VA medical records and VA medical opinion have been obtained. Also, federally available National Guard records have been obtained, which included service records. National Guard records that are held by the Veteran's state have been requested, twice, but no response was provided. The Agency of Original Jurisdiction (AOJ) also requested that the Veteran provide any such records he may have, and the Veteran has not responded to that request. This information has been provided to the Veteran, in such correspondence as a January 2021 and February 2021 letters. 1. Entitlement to service connection for a back disorder, to include claimed spina bifida occulta, is remanded. The Board previously remanded to obtain a new VA medical opinion, which was obtained in November 2021. Unfortunately, the VA medical opinion provider indicated that he had not been able to find the Veteran's National Guard records to review. Such National Guard records, however, are available and were associated with the claims file in July 2018. As such, an addendum medical opinion should be obtained to allow the November 2021 VA medical opinion provider to consider such evidence. The Board notes that the November 2021 VA medical opinion provider found that spina bifida is a congenital defect that cannot worsen, as such, no further medical opinion is necessary as to that diagnosed disorder. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician, preferably the November 2021 VA medical opinion provider. The Veteran's entire record (to include this remand AND National Guard service records including those associated with the claims file in July 2018) must be reviewed by the examiner in conjunction with the examination. If a new VA examination is deemed warranted, one should be obtained. The examiner must opine whether it is at least as likely as not that any diagnosed back disorder(s) (other than spina bifida occulta) (i) developed during a period of active duty service (October 1970 to May 1972 and December 1990 to May 1991) or (ii) is related to any in-service injury, event, or disease. (Consider the Veteran's November 2019 Board hearing testimony). A fully articulated medical rationale for any opinion expressed must be set forth in the medical report. The VA medical opinion provider should discuss the particulars of this Veteran's medical history and relevant medical science as applicable to this case, which may reasonably explain the medical guidance in the study of this case. Available National Guard service records include service treatment records that were associated with the claims file in July 2018. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Lindio 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.