Citation Nr: 18157440
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 11-11 257
DATE:	December 13, 2018
REMANDED
Entitlement to service connection for a neck condition is remanded.
Entitlement to service connection for a bilateral hip disorder is remanded.
REASONS FOR REMAND
Although further delay is regrettable, the Board finds that additional development is required prior to adjudication of the issues on appeal.
The Veteran had active duty service from September 1998 to February 2002.
This case is on appeal before the Board of Veterans’ Appeals (Board) from a July 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.
The Veteran appeared and provided testimony before the undersigned Veterans Law Judge (VLJ) in June 2015.  A transcript of that hearing is associated with the claims file.
In August 2017, the Board issued a decision denying the Veteran’s claims for service connection for a neck condition and a bilateral hip disorder.  The Veteran then appealed this determination to the Court of Appeals for Veterans Claims (CAVC).  As a result of this action, CAVC approved a joint motion for partial remand in April 2018.  This motion recounts that the VA failed in its duty to assist the Veteran in the development of her claims.  The remand effectuates corrective action as required by the joint motion. 
As before, the Veteran seeks service connection for a neck condition and a bilateral hip disorder.  She alleges that her impairments were either caused directly by service, or are related to other service-connected conditions.  See September 2017 correspondence; see also October 2018 appellate brief.  
The Board notes that the Veteran was afforded two separate VA examinations in April 2016 – one for her neck condition, and another for her bilateral hip disorder.  Based on the evidence present in the claims file at the time, both examiners concluded that neither of these impairments were related to service.  However, the examiners issued their respective opinions without being afforded the opportunity to examine potentially material evidence.   
Indeed, the Veteran’s claims for service connection for a neck condition and a bilateral hip disorder have been repeatedly denied by the VA because there was no evidence that either of these impairments manifested in service or within one year of separation.  Nonetheless, the Veteran has consistently maintained that she underwent chiropractic treatment at a military facility for back and neck issues during her posting at Fort Benning, Georgia, between December 2001 and January 2002.   Similarly, the Veteran alleges that her she sought treatment for her hip condition at the VA facility in Little Rock, Arkansas, as early as February 2002.  
As reflected in the joint motion, the service treatment records currently associated with the claims file are sparse, containing no references to in-service chiropractic treatment.  Moreover, the earliest records on file from the VA facility in Little Rock date from April 2002.  Given these gaps in record, the Board hereby orders further development in compliance with the joint motion for remand. 
The matters are REMANDED for the following action:
1. Attempt to obtain the Veteran’s complete service treatment records, to include records of chiropractic treatment at any facilities at Fort Benning, Georgia, between December 2001 and January 2002.  Document all requests for information as well as all responses in the claims file.
2. Attempt to obtain the Veteran’s VA treatment records for the period from February 2002 to April 2002 from the VA facility in Little Rock, Arkansas.  Document all requests for information as well as all responses in the claims file.
3. After completing the above, and any other development deemed necessary, to include new VA examinations, adjudicate the appeal.

 
JONATHAN B. KRAMER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	MJS, Associate Counsel