Citation Nr: 21000620
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 19-29 032A
DATE: January 5, 2021

REMANDED

Entitlement to service connection for a neck disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 2000 to February 2005. The issue currently before the Board of Veterans’ Appeals (Board) was decided in a January 2018 Rating Decision by the Agency of Original Jurisdiction (AOJ). 

1. Entitlement to service connection for neck injury is remanded.

In October 2019, the Veteran submitted a Disability Benefits Questionnaire (DBQ) with his Form 9. Section 9 of the DBQ, dated October 3, 2015, concludes that the Veteran’s neck disability was at least as likely as not related to a documented motor vehicle accident that occurred during service. However, the examiner’s rationale is illegible; other parts of the document are also illegible. 

The Board also notes that there is no DBQ in the Veteran’s file that corresponds to the date of the DBQ in question. 

The Board concludes that a remand is necessary.  The matters are REMANDED for the following actions:

The AOJ should send notice to the Veteran that the October 3, 2015 Disability Benefits Questionnaire was illegible. The AOJ should request that the Veteran should resubmit the October 3, 2015 Disability Benefits Questionnaire and provide time for the Veteran to resubmit the Disability Benefits Questionnaire.

1. The AOJ should schedule the appellant for another examination of the cervical area.  Any diagnosis should be justified by physical findings.  In addition, the examiner should recognize that the Veteran did complain of neck pain as such is noted in a June 29,2002 EMS report.  The examiner should address the following:  Does the Veteran have an undiagnosed illness impacting the cervical spine?  If there is identified pathology, is such pathology related to the in-service complaint of neck pain or his report of a neck trauma (described at the time of the last examination).

If upon completion of the above action the claim is denied, the case should be returned to the Board after compliance with appellate procedure. 

 

H.N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jonah Nelson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.