Citation Nr: 1323978 Decision Date: 07/29/13 Archive Date: 08/07/13 DOCKET NO. 09-45 989 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUES 1. Entitlement to service connection for a neck disability. 2. Entitlement to service connection for a back disability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Elizabeth Jalley, Counsel INTRODUCTION The Veteran served on active duty from August 1955 to August 1962 with additional service in the United States Army Reserve. This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado. In June 2013, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge. A transcript of this hearing was prepared and associated with the claims file. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Veteran has claimed entitlement to service connection for disabilities of the neck and the back, which he essentially contends developed as the result of injuries that he suffered in service. The Veteran has provided a substantial amount of oral and written testimony in which he describes having injured his back and his neck multiple times in service. As pertinent to this remand, the Veteran described having injured his neck and back during his period of Reserve service in 1968. He reported in an October 2011 written statement that he had been assigned to help unload boxes from a truck. He described his injury as follows: We worked for a little over an hour when I collapsed. I suddenly had severe sharp pains shooting through my lower and mid back area, as well as the base of my neck just above the spine. The pain in my lower back was so great I fell to the ground. I was taken to the dispensary, where the Doctor (or Medic?) said he thought it was a severe case of back spasms, possibly spinal injuries, but was not sure how serious it was without xrays. The Board notes that the Veteran himself has submitted copies of his February 1968 examination and medical history reports from his enlistment in the United States Army Reserve. Otherwise, no service treatment records from this period of service are of record. The Veteran has not suggested that he has submitted all of his service treatment records from his Reserve service, and it does not appear that any attempt has been made to obtain the records from that period. Given that the Veteran has specifically reported that he received medical treatment during his Reserve service after injuring his back and neck, the Board finds that a remand is necessary in order to obtain these records. Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. The RO/AMC should take the appropriate steps to locate any service treatment records that are not on file, to include all treatment from the Veteran's service with the United States Army Reserve in 1968. All efforts made to locate these records should be documented in the claims folder, and the Veteran should be notified of all steps taken to obtain these records and of any responses that are received. The Veteran should also be asked to submit any such records in his possession. 2. After the development action described above has been performed, the Veteran should be afforded a VA orthopedic examination to determine the nature and etiology of any current neck and back conditions. The Veteran's entire claims file should be made available to the examiner, who is requested to review the entire claims file in conjunction with the examination. All tests and studies deemed necessary should be performed. Based on a review of the entire claims file, the medical history reported by the Veteran at his examination, and clinical findings from the examination, the examiner should offer an opinion as to whether it is at least as likely as not (e.g., a 50 percent or greater probability) that any current neck and back conditions had their onset in or are otherwise related to the Veteran's active duty service. A complete rationale should be given for all opinions and conclusions. Such rationale must include a discussion of all relevant evidence in the claims file (to include the Veteran's service treatment records, post-service treatment records, prior VA examinations, and arguments made in the Veteran's claims submissions), relevant findings on examination and in the Veteran's stated medical history, and applicable medical principles. All findings, conclusions, and supporting rationale should be expressed in a typewritten report. 2. After the development requested above has been completed, the RO/AMC should determine whether any additional development is warranted. Following the completion of any additional development, the RO/AMC should readjudicate the issues on appeal. If any benefit sought on appeal remains denied, the appellant and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ WAYNE M. BRAEUER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).