Citation Nr: 18151064
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 14-35 068
DATE:	November 16, 2018
ORDER
Entitlement to service connection for degenerative disc disease at C5-C6 and C6-C7 is granted.
FINDING OF FACT
Degenerative disc disease at C5-C6 and C6-C7 had its onset in service.
CONCLUSION OF LAW
The criteria for service connection for degenerative disc disease at C5-C6 and C6-C7 are met.  38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from December 1973 to April 1977. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in May 2016. 
Service Connection
The Veteran asserts that his degenerative disc disease at C5-C6 and C6-C7 is the result of his in-service motor vehicle accident. 
Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 U.S.C. § 3.303. To establish service connection for the claimed disorder, the following criteria must be met: (1): evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. See 38 C.F.R. § 3.303; see also Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). 
The Veteran has a current diagnosis of degenerative disc disease at C5-C6 and C6-C7. See February 2013 VA treatment records. The Veteran was involved in a motor vehicle accident in July 1976. 
In sum, service treatment records support the Veteran had a neck injury.  His brother and friend also report the Veteran complained of neck pain since separation from service.  The Veteran has consistently stated his neck pain began in service following the motor vehicle accident. The Board notes the VA examiner’s opinion that the Veteran’s neck condition is not a result of his service-connected back condition because there were no treatments in service.  Regardless, as the evidence shows that the onset of the Veteran’s neck problems began while he was on active 
 
duty, the Board finds that service connection for degenerative disc disease at C5-C6 and C6-C7 is warranted. 
 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.Ijitimehin, Associate Counsel