Citation Nr: 21068945 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 17-41 332 DATE: November 17, 2021 REMANDED Entitlement to service connection for a neck disability is remanded. REASONS FOR REMAND The Veteran had active service from February 1973 to January 1976. These matters come before the Board of Veterans' Appeals (Board) from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Veteran provided testimony before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. In June 2020, the Board remanded this matter for additional development, which has not been substantially completed. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for a neck disability is remanded. In June 2020, the Board remanded this matter for an examination and to obtain an opinion addressing whether the Veteran's neck disability is related to service. An examination was conducted in March 2021; however, the opinion report is inadequate for rating purposes. First, in providing the opinion, the examiner focused only on the issue of chronicity of treatment since service and did not adequately address the issue of direct service connection. Second, the examiner did not consider the Veteran's lay reports of neck pain and symptoms, which he testified began after the in-service injury and persisted thereafter. Accordingly, a remand is necessary to obtain an addendum opinion addressing the etiology of the Veteran's neck disability. The matter is REMANDED for the following actions: 1. Associate with the claims file updated VA treatment records. 2. Then, ask the March 2021 examiner or another qualified clinician to provide an addendum opinion addressing the etiology of the Veteran's neck disability. The examiner must be provided access to the electronic claims file and indicate review of the file in the opinion report. After reviewing the medical and lay evidence, the examiner must indicate whether it is at least as likely as not (50 percent or greater probability) that the Veteran's neck disability is related to service, to include his reported fall. In offering the opinion, the examiner is asked to consider the Veteran's lay statements regarding the onset of his symptoms and the photograph. The examiner should elicit a full history from the Veteran and consider the lay statements of record. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, and if there is a medical basis to support or doubt the history provided by the Veteran the examiner should provide a fully reasoned explanation. A rationale for all opinions expressed is requested as the Board is precluded from making any medical findings. 3. Then, readjudicate the Veteran's claim on appeal. If the benefit sought on appeal remains denied, provide the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. G. Alderman, 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.