Citation Nr: 22011127
Decision Date: 02/25/22	Archive Date: 02/25/22

DOCKET NO. 14-16 011A
DATE: February 25, 2022

REMANDED

Entitlement to service connection for cervical spine disability, to include as secondary to service-connected schizophrenia, is remanded.

Entitlement to service connection for right upper extremity radiculopathy, claimed as right-hand loss of feeling, is remanded.

Entitlement to service connection for left upper extremity radiculopathy, claimed as left-hand loss of feeling, is remanded.

REASONS FOR REMAND

The Appellant is a Veteran who served on active duty from May 2000 to May 2003 and from June 2005 to November 2006.  

In February 2018 a Board hearing was held before the undersigned.  A transcript of the hearing is associated with the Veteran's claims file.  

In a November 2019 decision, the Board denied the Veteran's claims for service connection for a cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. 

In April 2021, the United States Court of Appeals for Veterans Claims (Court) vacated the Board's denial and remanded the issues of entitlement to service connection for a cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy pursuant to a joint motion for remand (JMR).  

1. Entitlement to service connection for cervical spine disability, to include as secondary to service-connected schizophrenia, is remanded.

2. Entitlement to service connection for right upper extremity radiculopathy, claim as right-hand loss of feeling, is remanded.

3. Entitlement to service connection for left upper extremity radiculopathy, claimed as left-hand loss of feeling, is remanded.

The Veteran contends that he suffers from a cervical spine disability, either secondary to his service-connected schizophrenia or directly related to his service.  

The Veteran has a current diagnosis of cervical spine degenerative arthritis, and bilateral upper extremity radiculopathy.      

The Veteran has received mental health counseling at the Salem Vet Center.  Salem Vet Center records have been associated with the file from January 2010 to August 2013.  The record indicates the Veteran has continued to seek treatment at the Vet Center.

In August 2021, the Board remanded this appeal in part, to obtain the outstanding Salem Vet Center records.  In August 2021, the RO sent the Veteran a letter requesting information with regard to outstanding treatment records, to include the Salem Vet Center.  To date the Veteran has not replied.  Although VA has a duty to assist the Veteran in substantiating his claims, that duty is not a one-way street and it is important that he make efforts to assist VA in gathering evidence relevant to his claim.  Woods v. Gober, 14 Vet. App. 214, 224 (2000); see also Hurd v. West, 13 Vet. App. 449, 452 (2000).

Although the RO requested the Veteran provide relevant releases and records, the RO did not contact the Salem Vet Center directly in an attempt to obtain the relevant records.  As such, a remand is needed to request the Salem Vet Center provide outstanding treatment records.   

The matters are REMANDED for the following action:

1. Request from the Salem Vet Center records from August 2013 to present.

If, after making reasonable efforts to obtain named records the AOJ is unable to secure same, it must notify the Veteran and his representative and (a) identify the specific records the AOJ is unable to obtain; (b) briefly explain the efforts that the AOJ made to obtain those records; (c) describe any further action to be taken by the AOJ with respect to the claim.  The Veteran must then be given an opportunity to respond. 

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Skiouris, 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.