Citation Nr: 18149952 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 16-50 141 DATE: November 14, 2018 REMANDED Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for a lumbar spine disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2011 to December 2011, and from June 2012 to June 2013. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). Initially, the Board notes that the Veteran has been diagnosed with degenerative disc disease of the cervical spine and a lumbar spine strain. See October 2016 VA cervical and lumbar spine examination reports. The evidence also clearly shows that the Veteran sustained a cervical spine injury following a motor vehicle accident in December 2010 (i.e., prior to service entrance into his first period of active duty service). There was no indication, however, that the Veteran sustained an injury to the lumbar spine at the time of the accident. In an October 2016 VA examination report, the VA examiner opined that the Veteran’s conditions “clearly and unmistakably” existed prior to service and were not aggravated beyond their natural progression in service. In support of this opinion, the examiner stated that there was no documentation found in service treatment records showing complaints for these conditions. Moreover, the examiner noted that enlistment and separation examination reports could not be located and, unless additional evidence was submitted, “service connection not met.” The Board finds that additional development is needed to ensure that the record is complete. As indicated by the October 2016 VA examiner, enlistment and separation examination reports from the Veteran’s first period of active duty service are not of record (i.e., from August 2011 to December 2011). This is especially relevant as the Veteran indicated that he was asymptomatic prior to service entrance. Further, the examiner’s conclusion that the Veteran’s lumbar spine disorder clearly and unmistakably existed prior to service is unsupported by the evidence of record. As noted above, medical evidence demonstrates a pre-service injury to the cervical spine, but not to the lumbar spine. For these reasons, the Board finds that additional efforts should be made to locate and associate with the claims file all outstanding service treatment records. Then, the Veteran should be afforded new VA examinations and new medical opinions should be rendered. The matters are REMANDED for the following actions: 1. Obtain all available, outstanding service treatment records, to include enlistment and separation medical examination reports for the Veteran’s reported first period of active duty service from August 2011 to December 2011. 2. Then, obtain a VA spine examination from an appropriate examiner. The claims file and a copy of this remand must be made available to and reviewed by the examiner in conjunction with the examination. The examiner is requested to offer the following opinions: (a.) List all current diagnoses pertaining to the cervical and lumbar spine. (b.) Regarding the cervical spine, determine whether the Veteran clearly and unmistakably had a cervical spine disorder that pre-existed his military service. (c.) If the cervical spine disorder is found to have pre-existed service entrance, can it also be stated by clear and unmistakable evidence that the Veteran’s pre-existing cervical spine disorder was NOT aggravated beyond its natural progression during service? (d.) If the cervical spine disorder is not found to have pre-existed service entrance, state whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s currently diagnosed cervical spine disorder was incurred in service or is otherwise related to service. (e.) Regarding the lumbar spine, determine whether the Veteran clearly and unmistakably had a lumbar spine disorder that pre-existed his military service. (f.) If the lumbar spine disorder is found to have pre-existed service entrance, can it also be stated by clear and unmistakable evidence that the Veteran’s pre-existing lumbar spine disorder was NOT aggravated beyond its natural progression during service? (g.) If the lumbar spine disorder is not found to have pre-existed service entrance, state whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s currently diagnosed lumbar spine disorder was incurred in service or is otherwise related to service. (h.) All opinions are to be accompanied by a rationale consistent with the evidence of record. 3. Then, readjudicate the claims on appeal. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Casadei, Counsel