Citation Nr: 21005224
Decision Date: 01/29/21	Archive Date: 01/29/21

DOCKET NO. 19-05 605
DATE: January 29, 2021

REMANDED

Entitlement to service connection for a cervical spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1990 to September 1994.

This matter was previously before the Board in May 2019. The Veteran appealed to the Court of Appeals for Veterans’ Claims (Court). In a May 2020 Joint Motion for Partial Remand (JMPR), the issue of service connection for a cervical spine disability was remanded to the Board for further proceedings.

1. Entitlement to service connection for a cervical spine disability is remanded.

VA’s duty to assist includes providing a medical examination when it is necessary to make a decision on a claim. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). 

The threshold for finding a link between a current disability and a service- connected disease or injury, so as to require medical examination, is low. See McLendon, 20 Vet. App. at 83. 

Here, the Veteran asserts that he has a neck disability which is attributable to service. He has submitted a buddy statement recounting an incident during service in which the Veteran was hit on the back of the head with a Kevlar helmet. Although report of a head/neck injury during service is not sufficient to establish a nexus and grant service connection, it is sufficient to meet the low bar of McLendon. Therefore, remand for an examination is warranted.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination for the cervical spine.  The examiner must review the claims file.

If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below.

The examiner is asked to provide a response to the following:

Is a cervical spine disability at least as likely as not related to service, including the reported hit on the back of the head with a Kevlar helmet?  The Board makes no determination as to credibility.

Provide a rationale to support the opinion.  

2.  After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case.  If necessary, return the case to the Board for further appellate review. 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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.