Citation Nr: 21004510 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-21 822 DATE: January 27, 2021 REMANDED Entitlement to service connection for a neck condition is remanded. REASONS FOR REMAND The Veteran served active duty service from September 2006 to September 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO). This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902 (c). 38 U.S.C. § 7107 (a)(2). Entitlement to service connection for a neck condition is remanded. In the October 2019 VA medical opinion, the VA examiner opined that the Veteran’s neck condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The VA examiner reasoned that there is no evidence in the medical record of any complaints, visits, or treatments for any disease related to the Veteran’s neck during service. Also, the VA examiner determined that the likely cause of the Veteran’s neck symptoms occurs from the C7 lesion which is either congenital or related to another disease process—such as hemangioma, primary disease of the bone, or primary tumor or metastatic tumor—which is unrelated to his military service. The Veteran is entitled to substantial compliance with the Board’s remand directives. See Stegall v. West, 11 Vet. App. 268 (1998); Dyment v. West, 13 Vet. App. 141, 146-47 (1999). If the Board proceeds with final disposition of an appeal and the remand orders have not been complied with, the Board itself errs in failing to ensure compliance. Stegall, 11 Vet. App. at 271. Here, the October 2019 VA examiner incorrectly reasoned that there is no evidence in the Veteran’s medical record of complaints, visits, or treatment for his neck. The Board is not bound to accept medical opinions that are based upon an inaccurate factual background Reonal v. Brown, 5 Vet. App. 458, 460 (1993). On the contrary, there are several records indicating complaints for neck pain. Because there has not been substantial compliance with the February 2019 remand directives, another remand is necessary for a supplemental medical opinion. The Board stresses the importance of carefully following the directives of this remand in order to allow for a final resolution of this issue. The matters are REMANDED for the following action: 1. Provide the Veteran’s claims file to a qualified examiner to determine the etiology of the Veteran’s neck condition. The entire claims file and a copy of this remand must be made available to the examiner for review. A new examination(s) is only required if deemed necessary by the examiner. Although an independent review of the claims file is required, the Board calls the examiner’s attention to the following: a. The June 2010 service treatment record where it notes complaints for upper back and neck pain. b. The January 2011 VA treatment record where it notes treatment for cervical pain. The examiner must opine as to whether [disability] is at least as likely as not (50 percent or greater probability) began during active service, or is related to an incident of service. The examiner must provide a complete rationale for his or her opinion(s) in the examination report. 2. Ensure that the directives specified in this remand have not been implemented. If they have not, appropriate corrective action must be undertaken before readjudication. Stegall v. West, 11 Vet. App. 268 (1998). 3. If the claim remains denied, the RO should issue an appropriate supplemental statement of the case and afford the Veteran an opportunity to respond. The case should then be returned to the Board, if in order, for further review. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Willoughby, 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.