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Citation Nr: 1634351
Decision Date: 08/31/16
DOCKET NO.
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REPRESENTATION
Veteran represented by: Robert Chisholm, Attorney
ATTORNEY FOR THE BOARD
David Nelson, Counsel
INTRODUCTION
The Veteran served on active duty from May 1968 to May 1970.
This case comes before the Board of Veterans' Appeals (Board) from a Februa
This case was before the Board in March 2015.
The most probative evidence of record demonstrates that the Veteran's lumba
CONCLUSION OF LAW
The criteria for service connection for lumbar spine degenerative disc dise
38 C
38 C.F.R. 3.
Third, then, the issue is whether there is a relationship between the in-se
In a January 1977 statement, the Veteran reported he injured his back durin
In a June 2016 submission, a private physician Dr. DM, stated that it was h
The Board finds that the private opinion is more probative than the VA opin
Accordingly, although both the VA and the private examiner based their opin
ORDER
Service connection for degenerative disc disease of the lumbar spine, statu
REMAND
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Contact the appropriate VA Medical Center and obtain and associate with
3.
Contact the Veteran and afford him the opportunity to identify by name,
4.
After any additional records are associated with the claims file, provi
Notify the Veteran that it is his responsibility to report for any sche
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After completing the above action, and any other development as may be
The Veteran has the right to submit additional evidence and argument on the
This claim must be afforded expeditious treatment.
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K. Millikan
Veterans Law Judge, Board of Veterans' Appeals