Citation Nr: 21008723
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 09-02 991
DATE: February 17, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from March 2003 to September 2007 with additional service in the United States Army Reserves. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2008 rating decision.

In August 2019, the Board denied the claim. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court) and in August 2020, the parties submitted a Joint Motion for Remand (JMR). By way of an August 2020 Order, the Court granted the JMR, vacated the August 2019 Board decision, and remanded the matter for action consistent with the JMR.

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

In the August 2020 JMR, the parties agreed that VA had not satisfied its duty to assist consistent with section 38 C.F.R. § 3.159 (e)(2). Specifically, at the November 2017 VA Cervical Spine Examination, the Veteran noted that he saw a civilian doctor as well as a chiropractor for neck pain and an X - ray and an MRI of his cervical spine were performed. No duty to assist letter was sent to the Veteran regarding the private medical records and the claims file is silent for any efforts by VA to assist the Veteran in obtaining private treatment records he identified.

Thus, consistent with the JMR the Board finds that remand to cure the duty to assist error is warranted.

The matters are REMANDED for the following action:

1. Send the Veteran a duty to assist letter.

2. Ask the Veteran to identify any VA or private treatment providers for his cervical spine disability to specifically include the civilian doctor who ordered a neck x – ray and MRI and the chiropractor identified at the November 2017 VA Cervical Spine Examination.

3. With any required assistance from the Veteran, obtain the identified records consistent with 38 C.F.R. § 3.159(c)(3).

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Alexander

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.