Citation Nr: 18146069 Decision Date: 10/30/18 Archive Date: 10/30/18 DOCKET NO. 16-36 944 DATE: October 30, 2018 ORDER Entitlement to service connection for degenerative arthritis of the cervical spine, claimed as a neck disability, is granted. Entitlement to service connection for degenerative arthritis of the lumbar spine, claimed as a back disability, is granted. FINDINGS OF FACT 1. The Veteran has a current diagnosis of degenerative arthritis of the cervical spine, and has competently and credibly shown reports of cervical spine pain in service and a continuity of symptomatology thereafter. 2. The Veteran has a current diagnosis of degenerative arthritis of the lumbar spine, and has competently and credibly shown reports of lumbar spine pain in service and a continuity of symptomatology thereafter. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for degenerative arthritis of the cervical spine have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.309(a). 2. The criteria for entitlement to service connection for degenerative arthritis of the lumbar spine have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.309(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served as a reserve member of the United States Air Force from April 1983 to June 2007, with various periods of active duty. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Active military, naval, or air service includes active duty, any period of active duty for training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty for training (INACDUTRA) during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). In general, service connection requires the following: (1) evidence of a current disability; (2) medical, or in certain circumstances, lay evidence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Further, service connection may also be granted for certain enumerated chronic diseases, including arthritis, that manifest to a compensable degree within one year of the veteran’s separation from service, or where the veteran shows continuity of symptomatology. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(a); Walker v. Shinseki, 708 F.3d 1331, 1333 (Fed. Cir. 2013). Here, the Veteran maintains that he is entitled to service connection for his neck and lumbar spine disabilities. He claimed that he initially hurt his neck and back in August 1988 and then injured his neck and back again in July 1998 while serving in Kuwait. He further maintained that during these periods, he was on special orders for active duty. The Board notes that the Veteran’s military personnel records corroborate the Veteran’s contentions regarding his active duty status. Specifically, there are Request and Authorization for Active Duty Training/Active Duty Tour orders indicating that the Veteran was ordered to ACDUTRA or active duty at the Keesler Air Force Base in August 1988. Further, a June 1998 order deployed the Veteran to the Ali Al Salem Air Base in Kuwait for active duty from June to July 1998. Thus, the Board finds there to be sufficient evidence of record to establish that the Veteran was on active duty for the relevant time periods. A review of the record reveals that the Veteran has current diagnoses of degenerative arthritis of the cervical and lumbar spine; thus, current disabilities for the Veteran’s claims has been established. Further, the Board notes that there are numerous notations in the Veteran’s service treatment records of issues with the Veteran’s cervical and lumbar spine; therefore, satisfying the second element of service connection. Specifically, there is a notation from October 1996 that the Veteran was taking anti-inflammatory medication for a strained disc in his spine and seeing a doctor for this issue. Further, an August 1998 notation indicated that the Veteran was being prescribed medication for a cervical spine problem. In a November 2000 Report of Medical History, the Veteran reported recurrent back pain, or a back injury. In the accompanying physician’s summary, there is an indication that the Veteran was experiencing neck and back pain, and degenerative disc disease. On July 2015 VA examination, the Veteran was provided a diagnosis of degenerative arthritis of the cervical spine, with an onset date of 2004, and of degenerative arthritis of the lumbar spine, with an onset date of 2015. The Veteran reported onset of his neck and back pain in the 1990-2000 timeframe. He reported doing some lifting while on active duty in Kuwait that caused him to have some neck and back pain. He reported gradually increasing pain since 2004. The examiner opined that the claimed conditions were less likely than not (less than a 50 percent probability) incurred in or caused by the claimed in-service injury, event or illness. The examiner reasoned that there was no injury or illness that occurred during active duty that would have caused or provided a nexus to the Veteran’s current arthritis in his neck or lumbar spine. The Board notes that the examiner neglected to mention the indication of degenerative disc disease in the Veteran’s service treatment records. In light of the foregoing, the Board finds that entitlement to service connection for degenerative arthritis of the cervical and lumbar spine is warranted. While there is not a positive nexus opinion of record, the Board find that the evidence is at least in equipoise as to whether the Veteran experienced symptoms of degenerative arthritis of the cervical and lumbar spine in service and continuously experienced symptomology since service. Specifically, the numerous indications of reports of, and treatment for, neck and lower back pain throughout service. Additionally, the Board finds the Veteran competent and credible to report his continuous and gradually worsening neck and lower back pain since separation from service. Therefore, resolving all reasonable doubt in favor of the Veteran, entitlement to service connection for degenerative arthritis of the cervical and lumbar spine is granted. 38 U.S.C. § 5107 (2012); 38 C.F.R. § 3.102 (2017); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). J. CONNOLLY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Angeline DeChiara, Associate Counsel