Citation Nr: 20003369 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 19-08 288 DATE: January 14, 2020 REMANDED Entitlement to service connection for a cervical spine disorder with radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1985 to March 1997. Entitlement to service connection for a cervical spine disorder with radiculopathy is remanded. Remand is required to obtain a VA examination. In McLendon v. Nicholson, 20 Vet. App. 79 (2006), the United States Court of Appeals for Veterans Claims indicated that there was a four-part test to determine whether an examination was necessary under 38 C.F.R. § 3.159(c)(4). Id. at 81. Under this test, VA will provide a medical examination or obtain a medical opinion where there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) evidence establishing that an event, injury, or disease occurred in service; (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran’s service or with another service-connected disability, but (4) insufficient competent medical evidence to make a decision on the claim. Id.; see also 38 C.F.R. § 3.159(c)(4). The Veteran asserts that his cervical spine disorder with radiculopathy is caused by service. Here, a June 1995 service treatment record (STR) indicates that the Veteran was in a motor vehicle accident that caused tenderness in his neck and back. The medical provider assessed the Veteran to have a whiplash injury. The record confirms a current diagnosis of herniated cervical disc with radiculopathy, and the Veteran has stated that he believes his current neck disorder developed secondary to his service-connected thoracolumbar spondylosis with degenerative disc disease. Therefore, the Board finds that the criteria for McLendon have been met. And as result, the Board cannot make a fully informed decision on the issue of entitlement to service connection for a cervical spine disorder with radiculopathy because no VA examiner has opined whether the Veteran’s cervical spine disorder with radiculopathy was caused by service or was caused or aggravated by his service-connected thoracolumbar spine disability. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any cervical spine disorder with radiculopathy found to be present. The claims file must be made available to and reviewed by the examiner. After reviewing the claims file and examining the Veteran, the examiner must respond to each of the following: • Is it at least as likely as not that any currently diagnosed cervical spine disorder with radiculopathy began in service or is otherwise related to an in-service injury, event, or disease, including the documented June 1995 motor vehicle accident? • Is it at least as likely as not that the Veteran’s cervical spine disorder with radiculopathy was caused by his service-connected thoracolumbar spondylosis with degenerative disc disease? • Is it at least as likely as not that the Veteran’s cervical spine disorder with radiculopathy was aggravated by his service-connected thoracolumbar spondylosis with degenerative disc disease? The examiner is reminded that the Veteran is competent to report symptoms. The examiner’s attention is invited to the Veteran’s statements concerning the onset of his claimed cervical spine disability. Caroline B. Fleming Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Thompson, Associate Counsel 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.