Citation Nr: 20052233 Decision Date: 08/06/20 Archive Date: 08/06/20 DOCKET NO. 14-25 408A DATE: August 6, 2020 REMANDED Entitlement to service connection for neck pain is remanded. Entitlement to service connection for headaches is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1970 to March 1972. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The Veteran testified before the Board at a May 2015 videoconference hearing, a transcript of which is of record. This matter was previously before the Board in May 2018 where it was remanded for further development. There has not been substantial compliance with the April 2020 remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter has returned to the Board for further appellate review. 1. Entitlement to service connection for neck pain is remanded. 2. Entitlement to service connection for headaches is remanded. The Veteran contends that his neck pain and headaches resulted from being hit in the head with a pugil stick while in service. See May 2013 Medical Treatment Record-Non-Government Facility. In June 2019 the Veteran underwent a neck conditions Disability Benefits Questionnaire (DBQ), and headaches DBQ, where he was diagnosed with cervical strain and tension headaches. In the corresponding medical opinions, the examiner opined that the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. The examiner stated that while medical records document chronic neck pain and headaches with normal neck x-ray dated back to 6/5/2013, there is no indication that neck pain or headaches began in service. Also, service exit medical records dated March 9, 1972 document “present state of health is excellent” with no change in medical condition on March 24, 1972. Therefore, the claimed neck condition including neck pain and headache condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The Board finds the June 2019 examination inadequate as it failed to provide a complete rationale for the opinions expressed by failing to comment on the Veteran’s lay statements of in-service injury. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007); Dalton v. Nicholson, 21 Vet. App. 23 (2007). In addition, the examiner incorrectly states that the Veteran’s medical records document chronic neck pain and headaches with normal neck x-ray dated back to June 5, 2013, however, the Veteran’s medical records document complaints further back with a brain CT from March 2006, and chronic neck pain and an x-ray back to March 2009. See March 2006 and March 2009 Medical Treatment Record- Non-Government Facility. Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). Therefore, the Board finds that a new VA medical opinion is warranted to address the nature and etiology of the Veteran’s neck pain and headaches. The matters are REMANDED for the following action: 1. Obtain a medical opinion from an examiner in order to determine the etiology of the Veteran’s neck pain and headaches. If an examination is deemed to be necessary in order to provide the requested opinion, such should be scheduled. The entire claims file should be made available to and be reviewed by the examiner, and it should be confirmed that such records were available for review. 2. The examiner is requested to provide an opinion as to whether any neck and/or headache disabilities identified are at least as likely as not (at least a 50 percent probability) related to service. 3. The examiner is requested to provide a complete rationale for any opinion expressed based on the examiner’s clinical experience, medical expertise, and established medical principles. If an opinion cannot be made without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. In forming these opinions, the examiner must review the Veteran’s private treatment records and discuss the Veteran’s lay statements regarding the origin and continued symptomatology of his neck pain and headaches.   If the examiner chooses to discount those lay statements, rationale should be provided. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Johnson, 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.