Citation Nr: 22018530
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 18-38 293A
DATE: March 29, 2022

REMANDED

Entitlement to service connection for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome (IVDS) is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Navy from October 1980 to September 1984.  

This matter comes before the Board of Veterans' Appeals (Board) from a July 2016 rating decision by an agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA).  

Service connection for the low back was initially denied in a February 2016 rating decision; new and material evidence was received within a year of such, and so the denial did not become final.  The July 2016 decision is, essentially, reconsideration of a continually prosecuted claim.  There is no need to reopen a previously denied claim, and the issue is characterized accordingly. 

The Veteran and his sister testified at a November 2021 hearing held before the undersigned via videoconference. A transcript of the hearing is associated with the claims file.

Further development is required in connection with the claim of service connection for degenerative arthritis of the lumbosacral spine with IVDS.

If VA provides an examination that examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  In rendering a negative opinion, the June 2016 VA examiner attributed the Veteran's claimed back disability to normal age progression and history of tobacco abuse.  Although the June 2016 VA examination report documented the Veteran's complaints of chronic low back pain since service, such was not addressed by the VA examiner in his nexus opinion.  Therefore, the opinion is inadequate, and another remand is warranted to obtain a VA medical opinion to determine the nature and etiology of the Veteran's back disability. 

Further, at the November 2021 Board hearing, the Veteran asserted that his treating VA clinicians suggested that his current back disability is related to his in-service injury.  Accordingly, updated VA treatment records should be requested on remand.  38 U.S.C. § 5103A(c); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).

The matter is REMANDED for the following actions:

1. Associate with the claims file complete updated VA treatment records, since June 2018.

2. Then, obtain a medical opinion from a qualified VA clinician to determine the nature and etiology of the claimed back disability; the claims folder must be reviewed in conjunction with such.  The examiner must opine as to whether such is at least as likely as not (50 percent probability or greater) caused or aggravated by service.  

A full and complete rationale is required for all opinions expressed.  Competent lay statements regarding the Veteran's claimed back disability must be addressed.

3. Then, readjudicate the remanded issue. If the benefit sought remains denied, issue a supplemental statement of the case.  After an appropriate time for response, the case should be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G.A. Ong, 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.