Citation Nr: 22013995 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 19-07 455 DATE: March 11, 2022 REMANDED Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for a left hand disorder, to include as secondary to a cervical spine disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1979 to June 1983 and from October 1986 to October 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ); a transcript is of record. The Armed Forces Service Corporation previously served as the Veteran's representative. However, by VA Form 21-22, received in March 2022, the Veteran appointed the above organization as his representative. The Board finds that there is no prejudice to the Veteran with the issuance of this remand. The Veteran and his representative are free to submit additional evidence and argument during the pendency of the remand. 1. Entitlement to service connection for a cervical spine disorder The Veteran seeks service connection for his current cervical spine disorder. The Board finds that additional development is necessary prior to adjudication. First, there may be outstanding, relevant private treatment records. In an August 2020 correspondence, a private physician, Dr. T.P. indicated that he has treated and is currently treating the Veteran for his cervical spine disorder. However, no records from Dr. T. P. are of record. Accordingly, a remand is required to allow VA to obtain authorization and request any outstanding records. Moreover, the Board finds that a new etiology opinion should be obtained on remand. The Veteran underwent a VA fee-based examination in March 2019 at which time an etiology opinion was provided. The examiner opined that it was less likely than not that the Veteran's current cervical spine disorder was related to his active military service. In his rationale, while the examiner noted that there was no objective evidence to find that the Veteran's current cervical spine disorder was incurred in or caused by a neck ache in service, he did not explain the reason for his conclusion and instead reiterated the Veteran's medical history. Accordingly, the Board finds that a new opinion should be obtained on remand. 2. Entitlement to service connection for a left hand disorder, to include as secondary to a cervical spine disorder The Veteran contends that his current left hand condition is secondary to his cervical spine disorder. Thus, if service connection is granted for the cervical spine disorder, then service connection may be warranted for his left hand disorder based on a theory of entitlement of service connection on a secondary basis. See 38 C.F.R. § 3.310. Accordingly, the claims are inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180 (1991). Adjudication of the claim of entitlement to service connection for a left hand disorder is deferred. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. T.P. Make two requests for the authorized records from Dr. T.P., unless it is clear after the first request that a second request would be futile. 2. Obtain a VA medical opinion regarding the etiology of the Veteran's cervical spine disorder from a qualified medical professional. The need for a physical examination is left to the discretion of the VA examiner. The examiner must review the entire claims file and a copy of this Remand. The examiner must opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's cervical spine disorder had its onset in, or is otherwise related to, active service, to include an in-service neck ache. A complete rationale must be provided for all opinions expressed. The rationale must consider and discuss the pertinent evidence of record, to include the Veteran's lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Mortimer, 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.