Citation Nr: 21006282 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-37 424 DATE: February 3, 2021 REMANDED Entitlement to service connection for a neck disability, to include as secondary to service-connected lumbar muscle strain with degenerative joint disease and lumbar arthropathy is remanded. REASONS FOR REMAND The Veteran honorably served on active duty in the United States Army from November 1973 to November 1975. This appeal comes to the Board of Veterans’ Appeals (Board) from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2017, the Veteran submitted a VA Form 21-22, power of attorney, on behalf of AMVETS. However, in May 2019, AMVETS submitted a memorandum notifying VA that it was withdrawing its services as the Veteran’s representative. The Veteran was notified of this withdrawal. The Veteran did not submit a new VA Form 21-22. Therefore, the Veteran is considered to be representing himself pro se before the Board. In September 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Entitlement to service connection for a neck disability, to include as secondary to service-connected lumbar muscle strain with degenerative joint disease and lumbar arthropathy is remanded. The Veteran contends that he currently suffers from a neck disability that is either directly related to an in-service motor vehicle accident, or that is secondary to his service-connected back disability. The Veteran underwent a VA examination in June 2015. The examiner there found that the Veteran’s current neck disability is not directly related to service, and that it is not secondary to his service-connected back disability. The Board, however, finds the examiner’s opinion to be inadequate. First, with respect to secondary service connection, the examiner did not address the aggravation prong of the secondary service connection framework. With regard to direct service connection, the examiner did not address the statements from the Veteran regarding his in-service accident and the injuries he suffered therein. For example, the Veteran asserted that in additional to injuring his back, he also injured his neck because there were no seatbelts or head restraints. These statements were not considered by the VA examiner in rendering the opinion. Therefore, a remand is warranted for a new VA medical opinion to address these matters. Additionally, on his January 2015 VA examination, the Veteran asserted that in July 2014, he sustained a fall at work and had neck pain and stiffness. The Veteran applied for workers’ compensation benefits. Thus, the Board finds it necessary to obtain the Veteran’s workers’ compensation records, as these are not currently part of the Veteran’s claims file. The matters are REMANDED for the following action: 1. Obtain any outstanding private treatment records. Specifically, the RO should have the Veteran to complete and return a VA Form 21-4142, to obtain any current private treatment records related to the Veteran’s neck disability. 2. Obtain the Veteran’s pertinent records from his workers’ compensation claim related to his neck disability. 3. After the above development has been completed, obtain a VA addendum opinion regarding the nature and etiology of the Veteran’s neck disability. If an opinion cannot be rendered without obtaining a VA examination, then a VA examination should be performed. This remand and claims file should be reviewed by the examiner. The examiner should address the following: (a.) Whether it is at least as likely as not that the Veteran’s neck disability is related to his military service, to include a car accident that occurred in 1975? The examiner should consider the Veteran’s lay statements about the incident that: (1) in addition to injuring his back, he also injured his neck because there were no seatbelts or head restraints; (2) if he injured his back, then he injured his neck; and (3) he did not complain about his neck because his back hurt more. (b.) Whether it is at least as likely as not that the Veteran’s neck disability is caused by, proximately due to, related to, and/or aggravated by his service-connected back disability? In rendering these opinions, the VA examiner should also consider and discuss any records of injury from the Veteran’s workplace accident in July 2014 which he claimed resulted in neck stiffness and pain. See January 2015 VA examination. All opinions must contain a sufficient rationale. The absence of negative evidence cannot be the basis for rendering a negative opinion. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Crawford, 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.