Citation Nr: 21002995 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 16-54 073 DATE: January 19, 2021 REMANDED Entitlement to service connection for lumbosacral strain (claimed as back injury) is remanded. Entitlement to service connection for cervical strain (claimed as neck injury) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1978 to December 1982. This matter comes before the Board of Veterans' Appeals (Board) following a July 2020 Joint Motion for Remand (JMR) from the Court of Appeals for Veterans Claims (CAVC). 1. Entitlement to service connection for lumbosacral strain (claimed as back injury) is remanded. 2. Entitlement to service connection for cervical strain (claimed as neck injury) is remanded. In November 2016, the Veteran was afforded VA examinations for his claims for entitlement to service connection for lumbar strain and entitlement to service connection for cervical strain. The July 2020 Joint Motion for Remand (JMR) notes that it is unclear whether, during the November 2016 VA examinations, the examiner considered the Veteran’s lay statements regarding continuous pain in his back and neck since service. Consequently, the JMR instructs the Board to remand the Veteran’s claim for new VA medical opinions that clearly demonstrate consideration of the Veteran’s lay statements of continuous pain in his back and neck since service. Moreover, the Board notes that following the July 2020 JMR, the Veteran submitted additional evidence in support of his claim. In November 2020 correspondence, the Veteran requested that his claim be remanded to the agency of original jurisdiction (AOJ) for review of the additional evidence he submitted. As such, for the foregoing reasons, these matters are remanded. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records from August 2019 to present. 2. After all outstanding treatment records have been obtained, obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s lumbosacral strain is at least as likely as not related to or proximately due to the Veteran’s military service. In rendering an opinion, the examiner should consider and specifically address the Veteran’s lay statements of continued lumbosacral pain since service. All opinions should be supported with adequate rationale. The Veteran’s lay statements are to be considered credible for the limited purposes of this examination. 3. After all outstanding treatment records have been obtained, obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s cervical strain is at least as likely as not related to or proximately due to the Veteran’s military service. In rendering an opinion, the examiner should consider and specifically address the Veteran’s lay statements of continued neck pain since service. All opinions should be supported with adequate rationale. The Veteran’s lay statements are to be considered credible for the limited purposes of these examinations. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Wimbish, 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.