Citation Nr: 22013575 Decision Date: 03/10/22 Archive Date: 03/10/22 DOCKET NO. 17-46 762 DATE: March 10, 2022 REMANDED Entitlement to service connection for a neck injury is remanded. REASONS FOR REMAND The records reflect that the Veteran served on active duty in the United States Air Force from December 5, 1984, to December 4, 1988, from January 25, 1991, to July 31, 1991, and from March 26, 2002, to July 20, 2002. The Veteran also has numerous periods of inactive duty for training (INACTDUTRA) while serving in the reserves. This appeal arises from a May 2014 Department of Veterans' Affairs (VA) Regional Office (RO) rating decision denying service connection for a neck injury based on it not occurring during a period of qualifying service. The Veteran timely appealed the claim to the Board of Veterans' Appeal (Board). In appealing the claim, the Veteran requested a video teleconference hearing before a Veterans Law Judge. This hearing was scheduled for January 3, 2022. However, the Veteran did not appear for the hearing at the scheduled time and place. The Board notes that the evidence of record establishing a neck injury occurring due to a motor vehicle accident (MVA) on September 12, 2010. See e.g., October 2010 Treatment Record; June 2014 Lay Statement in Support of Claim by Veteran's Son (Witnessing Veteran after MVA on return from Homestead Air Reserve Base, Florida). The evidence of record also establishes the Veteran experienced right-sided uncovertebral hypertrophy and small protrusion at C-3, mild right sided neural foraminal stenosis, and mild disc bulges at C4-5 and C6-7. See December 2011 MRI Report. There is also a notation in an October 2010 medical treatment record attributing the Veteran's shoulder and neck pain to her September 2010 MVA. See October 2010 Medical Treatment Record. The Veteran has stated that the pain started on return home from a Unit Training Assembly (UTA), during her reserve service. As such, the evidence of record supports a current diagnosis, and includes a medical nexus opinion regarding causation based on the claimed September 12, 2010 MVA. However, the record before the Board does not contain all of the Veteran's personnel records which are critical in determining if the claimed injury occurred during a qualifying period of service. The Board notes that an attempt was made to obtain the Veteran's personnel files. The Veteran's claims file does not appear to contain her complete service personnel records for the pertinent period of service in the Air Force Reserves. The DPRIS response for records is incomplete. For example, it is missing any summary of points for retirement after October 31, 2003. As such, the RO failed in its duty to assist to obtain the Veteran's pertinent personnel records, including the specific dates for all periods of reserve service, specifically for the period in question. The Board also notes that the current evidence of record is not sufficient upon which to decide the claim. Although the medical evidence includes the October 2010 notation of neck pain following the Veteran's MVA, the evidence does not include a medical nexus relating her currently diagnosed neck disorder to an in-service injury. The evidence of record is sufficient, however, to trigger VA's duty to assist by providing the Veteran an appropriate examination to determine the nature and etiology of the claimed neck disorder. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Based on the above reasons, the Board finds that this claim must be remanded for further development consist with the above. The matters are REMANDED for the following action: 1. Obtain updated VA and private treatment records. 2. Obtain the Veteran's complete service personnel records, to include all documents pertaining to her service in the Air Force Reserves. Verify all active duty for training and inactive duty training dates for alleged service on September 12, 2010. A summary of retirement points is not sufficient to comply with this directive. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). The RO must document all requests and responses in the record. If the requested information cannot be obtained, such must be noted in the record and the RO must address the Veteran's statements and all lay statements in support of the claim regarding the Veteran UTA at Homestead Air Reserve Base in Florida on September 12, 2010. 3. Schedule the Veteran for a VA examination for her neck injury. The examiner must review the entire claims file. A copy of this remand directive should be provided to the examiner. The examiner is asked to identify all pertinent diagnosis to the Veteran's neck, and opine whether each diagnosis is at least as likely as not (at least 50 percent probability) caused by or related to her motor vehicle accident on September 12, 2020. The examiner is asked to provide a full rationale for all opinions provided. (Continue on the next page) 4. Readjudicate the claim on appeal. If the claim remains denied, issue a supplemental statement of the case, and allow the Veteran and her representative the opportunity to respond. Then return to the Board for further appellate review. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Boushehri, Darjush M. 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.