Citation Nr: 21007189 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 20-27 573 DATE: February 8, 2021 REMANDED Entitlement to service connection for a neck disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from August 1964 until August 1994. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20. 900 (c). 38 U.S.C. § 7107 (a)(2). This appeal was last before the Board in August 2020 when it was remanded for further development to include a medical examination and opinion. Unfortunately, there has not been substantial compliance with the prior remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for a neck disability is remanded. The Veteran asserts that he has a neck disability that is etiologically related to service. The claim is remanded again because the December 2020 VA medical opinion is inadequate. The examiner provided a negative nexus opinion but did not consider the Veteran’s in-service complaints of neck pain in February 1989 and April 1993. It also appears the examiner did not consider the Veteran’s report that he had neck pain at separation and that his primary physician told him, shortly after separation, that he had arthritis. The examiner was specifically instructed to consider this evidence as the Veteran is competent to report symptoms he experienced at the time as well as what he was told by a physician. A medical opinion that fails to consider all evidence of record, including lay statements by the Veteran, is inadequate. See Dalton v. Nicholson, 21 Vet. App. 23 (2007). On remand, an addendum medical opinion that considers all evidence of record must be obtained. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician to determine the nature and likely etiology of the Veteran’s neck disability. Copies of all pertinent records must be made available to the opinion provider, including a copy of this remand. If the opinion provider determines that an opinion cannot be provided without examination of the Veteran, one should be scheduled. Based upon a review of the record, and any examination, if necessary, the clinician must answer the following: (a.) Is it at least as likely as not (50 percent or greater probability) that (i) any diagnosed neck disability is related to service or (ii) manifested within one year after discharge from service in 1994? In answering the foregoing, the opinion provider must consider, and discuss as necessary, the following: (i) in-service complaints and treatment for neck pain in February 1989 and April 1993, (ii) the 1986 diagnosis of arthritis, without specifying which joint, (iii) and the Veteran’s report of neck pain at separation and his primary physician at the time telling him he had arthritis. All provided opinions must be supported by complete rationale. If the opinion provider cannot provide a requested opinion without resort to speculation, they should say why. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.D. Collins, 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.