Citation Nr: 18157496 Decision Date: 12/12/18 Archive Date: 12/12/18 DOCKET NO. 12-13 769 DATE: December 12, 2018 ORDER Entitlement to service connection for cervical spine condition, to include as secondary to service-connected degenerative lumbar facet joint disease and congenital lumbar spine stenosis, is granted. FINDING OF FACT The Veteran’s cervical spine condition is due to his service. CONCLUSION OF LAW The criteria for service connection for cervical spine condition are met. 38 U.S.C. §§ 101(24), 105, 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty for training with the United States Army from October 1995 to July 1996. In addition, the Veteran had a period of active duty for training (ACDUTRA) from January 29, 2000 to January 30, 2000. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the Board at a hearing in March 2018. A transcript of the hearing is of record. At the hearing, the Veteran was granted a 30-day abeyance period for the submission of additional evidence to support his claim. The Veteran submitted additional evidence in June 2018 and September 2018 without a waiver. For all substantive appeals received on or after February 2, 2013, any evidence submitted to the Board shall be subject to initial review by the Board unless the Veteran or the Veteran’s representative requests in writing that the Agency of Original Jurisdiction (AOJ) initially review such evidence. 38 U.S.C. § 7105(e). As the Veteran filed his VA Form 9, Substantive Appeal, in this matter in May 2012, a waiver is necessary. However, appellate review may proceed without prejudice to the Veteran as the Board is granting the benefit sought on appeal in full. The record reflects the Veteran has recently perfected an appeal of claims seeking service connection for bilateral foot conditions, bilateral knee conditions, bilateral shoulder conditions, neuropathy of the bilateral upper extremities, and recurrent headaches. However, in his March 2018 VA Form 9, Substantive Appeal, he requested a decision review officer (DRO) hearing at the San Juan RO. As that hearing has not yet been scheduled, the appeal of those issues is not ready for adjudication and will not be addressed by the Board at this time. Service Connection for Cervical Spine Condition The Veteran and his agent contend the Veteran’s cervical spine condition is directly related to a January 2000 accident during a period of ACDUTRA, and they contend his condition is also secondary to his service-connected lumbar spine disability. See Statement in Support of Claim, dated August 20, 2009. The Board concludes that the Veteran has a current diagnosis of a cervical spine disability that is related to injury suffered during a period of ACDUTRA. 38 U.S.C. §§ 101(22), 105, 1110, 5107(b); 38 C.F.R. §§ 3.6(c)(1), 3.303(a); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). A July 2017 VA examiner diagnosed the Veteran with cervical degenerative disc disease at C2-C3 through C5-C6. Further, a March 2018 disability benefits questionnaire completed by Dr. C.R., a private physician, reflects the Veteran has current diagnoses of cervical spondylosis and degenerative disc disease. In addition, Dr. C.R. opined in June 2018 that the Veteran’s cervical spine condition is related to trauma. In support of the opinion, Dr. C.R. discussed the Veteran’s fall from a bulldozer during ACDUTRA, and the nature of repetitive movement while operating a bulldozer. In addition, Dr. C.R. noted how the Veteran also injured his back in the fall, for which VA has previously found him disabled. Following a May 2011 VA examination, the examiner opined that the Veteran’s cervical spine condition was less likely than not incurred in or caused by the Veteran’s service. The examiner reasoned that the Veteran’s service treatment records contain no reports of cervical or neck pain. Further, the examiner noted the first report of neck pain was in 2007. The May 2011 VA examiner also opined that the Veteran’s cervical spine disability is less likely as not aggravated by the Veteran’s service-connected lumbar spine disability. The Board acknowledges that following a July 2017 VA examination, the VA examiner opined that the Veteran’s cervical spine condition is less likely than not proximately due to or the result of the Veteran’s service-connected lumbar spine disability. Like the May 2011 VA opinion as to whether the Veteran’s lumbar spine disability has aggravated his cervical spine condition, this opinion is related to secondary service connection. As this decision grants service connection for the Veteran’s cervical spine condition on a direct basis, further discussion of the May 2011 and July 2017 VA opinions as they relate to secondary service connection is unnecessary. The Board places equal weight of probative value on the June 2018 private opinion and the May 2011 VA opinion as they both contain adequate rationales for the conclusions reached and are based on a review of the Veteran’s history. Therefore, as the record contains medical opinions both for and against the Veteran’s claim, the Board finds that the evidence of record is in equipoise as to whether there is a nexus between the Veteran’s current cervical spine disability and military service. In such cases, all reasonable doubt is resolved in favor of the Veteran. As such, service connection for the Veteran’s cervical spondylosis and degenerative disc disease is granted. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). M. SORISIO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Breitbach, Associate Counsel