Citation Nr: 20002497 Decision Date: 01/10/20 Archive Date: 01/10/20 DOCKET NO. 15-13 632 DATE: January 10, 2020 REMANDED Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a bilateral foot disability is remanded. REASONS FOR REMAND The Veteran had active air service from March 1983 to December 1999. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a June 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board in August 2018, at which time they were remanded for additional development. The case has now been returned to the Board for further appellate action. The Board finds, however, that additional development is necessary before the claims on appeal are decided. On the Veteran’s November 2018 authorization form to release medical records (VA Form 21-4142), he indicated that he received treatment from Dr. R.A., for physical medicine and rehabilitation, and Dr. S.B., for orthopedics. However, since the VA’s receipt of this form, in January 2019, there is no evidence of an initial attempt to request these records. Therefore, the Board finds that remand is necessary so that an attempt can be made to obtain these private treatment records. 38 C.F.R. § 3.159(c)(3) (2019). Further, in March 2019, the Veteran was afforded VA examinations for his bilateral foot disability and his neck disability. At that time, a VA examiner opined that it was less likely as not that the Veteran’s foot disability was incurred in or caused by the in-service injury, event, or illness. In this regard, the examiner noted that the Veteran’s in-service injury was acute and that there was no evidence of current, chronic, and continuous case. The VA examiner also opined that the Veteran’s neck disability was less likely as not incurred in or caused by the claimed in-service injury, event, or illness. In this regard, the examiner noted that the Veteran’s in-service neck complaints were acute and X-rays following a 1992 motor vehicle accident were normal. The examiner noted that there were no other records indicating care or continuous treatment for a neck disability and as such, a nexus could not be established. The Board finds that the March 2019 medical opinions are not adequate for adjudication purposes. In this regard, the examiner failed to consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. As the opinions are inadequate, they cannot serve as the basis of a denial of entitlement to service connection. Therefore, the Board finds that the development conducted does not adequately comply with the October 2018 Board remand directives. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, the case is REMANDED for the following actions: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file, including the private treatment records referenced in the Veteran’s November 2018 VA Form 21-4142 from Dr. S.B. and Dr. R.A. 2. Then, schedule the Veteran for a VA examination by an examiner who has not previously provided an opinion in this appeal to determine the nature and etiology of any currently present neck disability. The claims file must be made available to and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present next disability had its onset during active service, or is otherwise etiologically related to such service. The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. The rationale for all opinions expressed must be provided. 3. Then, schedule the Veteran for a VA examination by an examiner who has not previously provided an opinion in this appeal to determine the nature and etiology of any currently present foot disability. The claims file must be made available to and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present foot disability had its onset during active service, or is otherwise etiologically related to such service. The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. The rationale for all opinions expressed must be provided. 4. Confirm that the VA examination reports and all medical opinions provided comport with this remand and undertake any other development found to be warranted. 5. Then, readjudicate the claims on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Byrd, Law Clerk 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.