Citation Nr: 18149450 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 14-27 910 DATE: November 9, 2018 ORDER Entitlement to service connection for a cervical spine disorder, diagnosed as degenerative disc disease of the cervical spine, is granted. FINDING OF FACT The Veteran has a current cervical spine disorder, diagnosed as degenerative disc disease of the cervical spine, that is related to his military service. CONCLUSION OF LAW A cervical spine disorder, diagnosed as degenerative disc disease of the cervical spine, was incurred in active service. 38 U.S.C. §§ 1101, 1110 (2012); 38 C.F.R. §§ 3.102, 3.303 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1998 to May 2002. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. In May 2018, the Board requested a Veterans Health Administration (VHA) opinion regarding the issues on appeal. The Board finds that it can adjudicate the claim without providing the Veteran notice as required by 38 C.F.R. § 20.903, as there is no prejudice to the Veteran in light of the grant of the full benefit sought. Law and Analysis Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease. If there is no showing of a resulting chronic condition during service, then a showing of continuity of symptomatology after service is required to support a finding of chronicity. 38 C.F.R. § 3.303(b). Service connection may also 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). In considering the evidence of record under the laws and regulations as set forth above, the Board finds that the Veteran is entitled to service connection for a cervical spine disorder. The Veteran has claimed that he has a cervical spine disorder that is directly related to his military service. During a November 2017 hearing, he testified that his training as a sniper scout was very physical and that his neck pain began during service. He also stated his belief that his cervical spine disorder has the same etiology as his service-connected lumbar spine disability. In the alternative, the Veteran has claimed that his cervical spine disorder is secondary to his service-connected lumbar spine disability. Although the Veteran’s service treatment records did document back pain in July 2001, they are negative for any complaints, treatment, or diagnosis of a cervical spine disorder. In a May 2011 statement, Dr. T.M. (initials used to protect privacy) stated that the Veteran has a history of neck pain since 2000 while he was on active duty. In a July 2011 statement, Dr. M.M. opined that it was more probable than not that the Veteran’s cervical spine condition originated in service. However, there was no rationale provided. The Veteran was afforded a VA examination in April 2012 in connection with his claim. It was noted that that he had been diagnosed with a cervical spine strain in 2008 or 2009. The Veteran reported that his neck pain began in 2008 and had progressively worsened. He did not report any history of trauma to the area. A cervical spine x-ray was normal at that time. A VA medical opinion was subsequently obtained in February 2013. The examiner opined that the claimed condition was less likely than not proximately due to or the result of the Veteran’s service-connected condition. In so doing, he noted that the Veteran began having neck pain in 2008 with no history of trauma to the area. He found that the etiology was not clear. However, the rationale was inadequate and did not address whether the service-connected lumbar spine disability may have aggravated the cervical spine disorder. In an October 2012 letter, Dr. T.M.-B. stated that it is at least as likely as not that the Veteran’s cervical spine degenerative disc disease and lumbar spine degenerative disc disease are connected in their etiology. However, there was no discussion as to whether the etiology was service-related or whether the lumbar spine disorder may have caused or aggravated the cervical spine disorder. In a letter received in December 2017, Dr. B.B opined that the Veteran’s cervical spine degenerative disc disease is more likely than not caused by his lumbar spine degenerative disc disease. In so doing, he noted that the Veteran’s chronic back pain has caused him to have an improper gait and balance issues, which then caused him to develop cervical degenerative disc disease. However, there was no explanation as to how an altered gait would cause a neck disorder. In the VHA opinion requested by the Board, the examiner stated, in pertinent part, that it is as least as likely than not that the Veteran’s military service was responsible for cervical spine degenerative disease, even in the absence of any neck pain complaints while he was in the service. He noted that the Veteran’s physical activities combined with heavy backpacks and weaponry could be risk factors for later developing his cervical spine disease. He indicated that jumping activities would also increase cervical spine disease risk by its telescoping effect on the spine. The Board finds that the VHA opinion has very high probative value. The examiner based his opinion on a complete review of the record and provided rationale for his opinion. In fact, the examiner explained how the current cervical spine disorder is related to service, despite there being notation of any complaints in the service treatment records. Accordingly, the Board concludes that service connection for degenerative disc disease of the cervical spine is granted. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.M. Walker, Associate Counsel