Citation Nr: 21014955
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-19 952
DATE: March 16, 2021

REMANDED

The claim for service connection for a neck and upper back disorder is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army on active duty from July 1980 to June 1987.  This appeal comes before the Board of Veterans’ Appeals (Board) from a December 2012 rating decision of the Department of Veterans Administration (VA) Regional Office in Atlanta, Georgia.  

In January 2021, the Veteran testified by videoconference from Atlanta, Georgia before the undersigned Veterans Law Judge.  A transcript of the hearing is within the claims file.  

The Veteran argues that he has a neck and upper back disability that is the result of injuries sustained in motor vehicle accidents during active service. 

There is evidence of current neck and upper back disability, from the Veteran’s treating chiropractor and in VA treatment records.  Further, the Veteran has competently testified as to multiple traumas to his head and neck area in motor vehicle accidents in service, which are consistent with his duties in service.  There is a reasonable possibility of a nexus between them. Accordingly, an examination is required.  None has yet been provided, and so remand is necessary.  38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006).  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA spine examination; the entire claims folder must be reviewed in conjunction with the examination.  The examiner must identify all current disabilities of the neck and upper back, and for each opine as to whether such is at least as likely as not caused or aggravated by service or a service-connected disability.  The reported motor vehicle accidents during active service must be addressed, as well as the Veteran’s competent reports of pain and symptoms in and since service.

A full and complete rationale for any opinions expressed is required.  

2.   Readjudicate the claim on appeal.  If any matter remains denied, issue a supplemental statement of the case and return the appeal to the Board for further reconsideration.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Bakke, Lila J.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.