Citation Nr: 20002199 Decision Date: 01/10/20 Archive Date: 01/09/20 DOCKET NO. 18-21 829 DATE: January 10, 2020 REMANDED Entitlement to service connection for a cervical spine disability, claimed as neck pain, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1976 to June 1988. This appeal is before the Board of Veterans’ Appeals (Board) on appeal from a November 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified in support of this claim during a hearing in August 2019 before the undersigned Veterans Law Judge (VLJ) of the Board. A transcript of the hearing is of record. Entitlement to service connection for a cervical spine disability, claimed as neck pain, is remanded. The Veteran contends that his current cervical spine disability, manifested by neck pain and now degenerative disc disease (DDD), is the result of a motor vehicle accident (MVA) during his service in which his car was crushed between two other cars and his cervical spine injured. His service treatment records (STRs) show he was treated for neck pain after a January 1984 MVA and that he continued to complain of neck pain in the days following that accident. VA treatment records from more recently in July 2009 show the Veteran complained of neck pain that had been ongoing for 2 weeks. These treatment records also note, however, that he “comes in for re-evaluation of his chronic problems and evaluation of his current medications (emphasis added).” A VA treatment record dated November 16, 2010 shows the Veteran had mild arthritis in his shoulder and neck. VA treatment records from November 29, 2010 show he presented to VA complaining of neck and back pain because he had been involved in another MVA on November 19, 2010, but three days after a VA doctor already had noted that he had mild arthritis in his neck. In October 2017, the Veteran was afforded a VA examination of his cervical spine. During this examination, the examiner opined that it was less likely than not that the Veteran’s current cervical spine disability was incurred in or caused by the claimed in-service injury, namely, the January 1984 MVA. The rationale was that, although there was a history of neck pain during service, there is also a history of another MVA in 2010 for which neck pain was claimed. The examiner further stated that “[t]here was no mention of neck pain during the years after incident in progress notes and on veteran’s periodic medical exams. Physical Therapy notes dated [October 2017] give a lengthy explained of cause of symptoms veteran is experiencing which is not from his neck.” Finally, the examiner attributed the Veteran’s cervical spine disability to the normal aging process. The Board finds the October 2017 medical opinion inadequate, however, since the Veteran’s VA treatment records show he complained of neck pain and had a diagnosis of arthritis referable to his cervical spine even prior to the additional MVA in November 2010. As such, supplemental comment is needed concerning the origins of his cervical spine disability. The matter is REMANDED for the following action: 1. If there are additional treatment records – VA and/or private, relevant to this claim and, therefore, needing to be obtained, then obtain them. 38 C.F.R. § 3.159(c). To this end, contact the Veteran and afford him the opportunity to identify or submit any pertinent evidence in support of his claim for service connection for a cervical spine disability. Based on his response, attempt to procure copies of all records that have not already been obtained from identified treatment sources. If any of the records requested are unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e). 2. After receiving all additional treatment or other relevant records, obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s cervical spine disability, including neck pain and degenerative disc disease, is at least as likely as not partly related to the January 1984 MVA while he was in service. In responding, the examiner is asked to consider the Veteran’s ongoing complaints of neck pain and indication of arthritis in his cervical spine even before the additional MVA (intercurrent injury) since service in November 2010.   In other words, since not reconciled by the prior October 2017 VA examiner, this additional examiner must account for a symptom of neck pain and diagnosis of arthritis predating the additional MVA that occurred after service, also better explain why the October 2017 examiner could conclude the current cervical spine disability is owing to the normal aging process. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Pak 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.