Citation Nr: 22016999 Decision Date: 03/23/22 Archive Date: 03/23/22 DOCKET NO. 14-23 484 DATE: March 23, 2022 REMANDED Entitlement to service connection for chronic lower back pain is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1989 to May 1996, with additional service in the reserves. The Veteran is a recipient of the Southwest Asia Service Medal with a Bronze Star, the National Defense Service Medal, and the Joint Meritorious Unit Commendation. This matter on appeal before the Board of Veterans' Appeals (Board) arises from a November 2013 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In his June 2014 VA-Form 9 appeal to the Board, the Veteran requested a hearing before a Veterans Law Judge. However, in an August 2017 correspondence, the Veteran indicated his desire to waive his right to testify at a hearing. Accordingly, the hearing request is deemed withdrawn. In a February 2021 decision, the Board granted the Veteran service connection for a stomach disability but denied service connection for a lower back disability. The Veteran appealed the Board's denial to the Court. In a November 2021 Order, the Court granted a Joint Motion for Partial Remand (JMPR), which vacated the portion of the Board's February 2021 decision that denied service connection for a back disability and remanded this matter for readjudication consistent with the instructions outlined by the parties in the JMPR. Entitlement to service connection for chronic lower back pain is remanded. The Veteran seeks service connection for chronic lower back pain which he asserts is due to his active service. Specifically, the Veteran asserts that his work on the flight deck and on aircrafts, along with all the heavy lifting he did, resulted in injury to his back for which he was taken by ambulance to Balboa Naval Hospital in 1991. He asserts that he has pain that continues to this day. See December 2013 Notice of Disagreement, July 2019 Correspondence As discussed above, in an October 2021 JMPR, the parties agreed to vacate and remand the portion of the February 2021 Board decision that denied service connection for a lower back disability. First, the JMPR found that in an April 2018 statement, the Veteran indicated that he had received treatment for his back during service at Balboa Naval Hospital, Naval Medical Center San Diego, for years while in service. The record does not include any hospital records from that facility, and there is no indication that any attempt to retrieve those records was made. Accordingly, a remand is required to attempt to locate those hospital records. Second, the JMPR found the January 2020 VA opinion to be inadequate because the examiner failed to address the Veteran's lay statement of continuing low back pain since service, previously conceded as credible in the Board's July 2018 decision. Therefore, a new examination is warranted. Finally, the Board notes that the May 2013 VA Formal Finding of Unavailability is limited to the Veteran's service treatment records and does not make any specific finding regarding the availability of the Veteran's military personnel records. As such, remand is required for the RO to attempt to obtain outstanding service medical and personnel records, and to afford the Veteran a new VA examination. Accordingly, the matter is REMANDED for the following actions: 1. Obtain the Veteran's complete military service personnel file. If such records are unable to be associated with the record, make a formal finding of unavailability and inform the Veteran and his attorney. 2. Contact all appropriate official sources to locate all records of the Veteran's treatment at Balboa Naval Hospital in San Diego, to include his reported treatment beginning in 1991 for his back. If such records are unable to be associated with the record, make a formal finding of unavailability and inform the Veteran and his attorney. 3. Then, schedule the Veteran for a VA examination by a medical professional of appropriate expertise. The entire claims file, to include a copy of this REMAND, must be provided to the examiner/s and reviewed in full. Thereafter, the examiner is asked to provide a fully-articulated medical opinion addressing the following: (a) Whether the Veteran's lower back disability is related to his active service, to include the claimed in-service back injury that resulted in the Veteran being ambulanced to Balboa Naval Hospital in 1991. In providing the above, the examiner is requested to specifically consider and address the following: The Veteran's credible statement of continuing low back pain since service. The Veteran's report that his back symptoms started in 1992 during normal performance of his duties onboard a naval vessel during Operation Desert Storm and that he was transported to the hospital with back pain. See January 2020 VA Examination & Opinion The examiner must set forth a complete rationale for any conclusion reached, citing to medical literature and/or evidence in the Veteran's claims file as necessary. If an opinion cannot be reached without resorting to speculation, the examiner must fully explain why. The Board reminds the examiner that failure to comply with the examination directives outlined herein will render the opinion inadequate and will result in further remand of the Veteran's claim. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Gates 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.