Citation Nr: 22018408 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 18-42 861A DATE: March 29, 2022 REMANDED Service connection for a neck disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1982 to August 1982, from March 1984 to June 1989, and from November 2004 to December 2004. This case is before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision issued by the agency of original jurisdiction (AOJ). In November 2021, the Veteran and his spouse ("M.M.") testified before the undersigned Veterans Law Judge at a virtual hearing. A copy of the hearing transcript is in the claims file. Service Connection for a Neck Disability The Veteran attributes his neck disability to injuries during service. The claim must be remanded to the AOJ for further development. At hearing, the Veteran testified that he fell down a hill while skiing in Berchtesgaden, Germany, and was placed on light duty for six weeks. He also testified that he slipped off a track vehicle and landed on his back in Ecuador. M.M., who was with him in Germany, offered similar testimony about the first injury. The Veteran reportedly sought chiropractic treatment for his neck about a year after separation, and he eventually had cervical spine surgery. Service treatment records document complaints of neck pain. A September 1987 health clinic report indicates that the Veteran was unable to move his neck in any direction without pain. A February 1989 physical therapy consultation report notes a four-week history of burning pain at the cervicothoracic junction with radiation to the low thoracic region and the left rhomboid. He reported having the same pain after a skiing fall one year earlier. Post-service medical records show recent treatment for neck pain and degenerative disk disease and stenosis of the cervical spine. In March 2015, the Veteran underwent anterior cervical discectomy and fusion surgery. To date, the Veteran has not received a VA examination in connection with his claim. The record contains competent evidence of a current disability, evidence of an in-service injury, and an indication that his disability may be associated with service. However, there is insufficient medical evidence on file to decide the claim. Thus, the Board finds that remand for an examination is warranted. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file. The matter is REMANDED for the following action: 1. Schedule an examination with an appropriate clinician to determine the nature and etiology of the Veteran's claimed neck disability. After reviewing the claims file, including this remand, the examiner must address the following questions: (a.) Is it at least as likely as not (50 percent or greater probability) that the neck disability was incurred in or is otherwise related to service? (b.) Is it at least as likely as not (50 percent or greater probability) that the neck disability manifested within one year of separation from service? If so, what were the manifestations? The examiner must clearly consider and discuss the Veteran's lay statements about his in-service injuries and the history of his symptoms in the opinion. These include, but are not limited to, his November 2021 testimony. 2. Review the medical opinion above to ensure substantial compliance with the Board's directives. Take any necessary corrective action. 3. Readjudicate the Veteran's claim. If it remains denied, issue a supplemental statement of the case and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review as needed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.Z. Wall, 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.