Citation Nr: 20004855 Decision Date: 01/22/20 Archive Date: 01/21/20 DOCKET NO. 19-11 104 DATE: January 22, 2020 REMANDED Entitlement to service connection for a cervical spine disability is remanded. REASONS FOR REMAND The Veteran had honorable active duty for training (ACDUTRA) with the United States Army from July 1981 to October 1981. The Veteran also had service with the Army National Guard. The Veteran served during Peacetime. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a cervical spine disability is remanded. The Veteran claims entitlement to service connection for a cervical spine disability. Although the Board sincerely regrets any delay that this may cause, further development is necessary prior to adjudicating this claim. As an initial matter, the Board notes that the Veteran has received treatment for his cervical spine disability by Dr. B. H. from E.T.M.G. See VA Treatment Records, dated October 2016. These records may be relevant to the Veteran’s claim. These records, however, are not associated with the file, nor is there any evidence that the Agency of Original Jurisdiction (AOJ) has made reasonable efforts to obtain them. 38 C.F.R. § 3.159(c)(1). As such, upon remand, the AOJ should make reasonable efforts to obtain these records and associate them with the claims file. Moreover, the file indicates that the AOJ made an attempt to obtain the Veteran’s military service records. However, review of the records obtained indicates that they may be incomplete and do not include service treatment records from the Veteran’s service with the Army National Guard. Additionally, records specifying any periods of active duty for training (ACDUTRA), inactive duty for training (INACDUTRA), or any periods where the Veteran may have been subject to Federal activation, have not been associated with the file. Upon remand, the AOJ should make appropriate efforts to obtain and associate with the claims file all outstanding military service records, to include service treatment records, military personnel records, and service treatment records from the Veteran’s service with the Army National Guard. The AOJ is asked to identify all periods of ACDUTRA, INACDUTRA, and Federal activation, if any. 38 C.F.R. § 3.159(c)(1)-(2). The Board also notes that VA policy states that, when a service member has completed their service obligation in the U.S. Army Reserve or Army National Guard and that period of service ended between October 16, 1992 and December 31, 2013, the service member’s records are forwarded to the Records Management Center (RMC) for storage. As the Veteran’s service obligation in the Army National Guard ended in April 1993, the RO must contact the RMC to request the Veteran’s service treatment records from his last period of active duty service and his subsequent service with the Army National Guard. As to the elements of service connection, the Veteran has a current diagnosis of degenerative joint disease of the cervical spine. See VA Treatment Records, dated February 2018. Moreover, as to the evidence of an in-service event, the Veteran submitted a lay statement from a fellow service member who asserts that the Veteran was knocked unconscious by gunnery. See Lay Statement from W.W., dated April 2017. W.W. asserted that the Veteran has seen many physicians for the physical and mental effects of the firing of the gun. Id. The lay statement, and the assertion contained therein that the Veteran has seen many physicians for the physical and mental effects of the firing of the gun, affords some indication that the claimed disability may be associated with the in-service event. Yet, there remains insufficient evidence to properly adjudicate the issue. As such, upon remand, the Veteran should be afforded a VA examination to determine the nature and etiology of his cervical spine disability. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for the disability on appeal. After acquiring this information and obtaining any necessary authorizations, the AOJ should obtain and associate these records with the claims file. The AOJ should make specific efforts to obtain the records regarding the Veteran’s cervical spine treatment from Dr. B. H. from E.T.M.G., as identified in the Veteran’s October 2016 VA Treatment Records. The AOJ should also obtain any outstanding VA treatment records. 2. The AOJ should make all appropriate efforts to obtain and associate with this case file any outstanding military service records of the Veteran, to include identification of any periods of ACDUTRA, INACDUTRA, or times of Federal Activation. The AOJ must also contact the RMC and request the Veteran’s complete service records for his period of ACDUTRA from July 1981 to October 1981, as well as his subsequent period of active duty as a member of the Army National Guard. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of his cervical spine disability. The Veteran's claims file, including a copy of this remand, must be made available to and reviewed by the examiner. The examination report must reflect that such a review was undertaken. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. (a.) Please identify each cervical spine disability affecting the Veteran during the period on appeal. If possible, please provide a date of onset of the disability. (Continued on the next page)   (b.) Please provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's cervical spine disability is causally related to the Veteran's military service, to include the reported incident where the Veteran was knocked unconscious by a piece of equipment. (c.) Please provide an opinion as to whether the Veteran's cervical spine disability manifested within one year of active duty. In affording this opinion, please consider and specifically address any subjective reports of the onset of the disability and continuity of symptoms. MICHELLE P. KATZ Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. E. Trotter, 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.