Citation Nr: 20005908 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 17-62 178 DATE: January 23, 2020 ORDER Service connection for cervical spine disc degeneration, intervertebral disc syndrome, and arthritis is granted. Service connection for lumbar spine degenerative disc disease, intervertebral disc syndrome, and arthritis is granted. THE VETERAN’S CONTENTIONS The Veteran testified that she developed back and neck pain in service that has continued since service. See November 2019 Board hearing transcript, p. 14. In regard to her neck pain, the Veteran contends that it began in August 1988 after she was involved in a motor vehicle accident in service. Specifically, she testified that she was doing a distribution run, during which she took letters, correspondence, and other items to the other side of the post and a blue pick-up, Army truck came through an intersection and slammed into her truck. She testified that she went to sick call and then was sent home for the rest of the day. See November 2019 Board hearing transcript, pp. 9-10, 12. The Veteran contends that her lumbar spine condition began during service, when she was unloading a five-ton truck that was filled with footlockers. She testified that soldiers that were helping her dropped their end of it so she was left holding a really heavy footlocker, which caused strain on her back, and she ended up dropping it. See November 2019 Board hearing transcript, p. 3; January 2017 statement. FINDINGS OF FACT 1. The Veteran’s cervical spine disc degeneration, intervertebral disc syndrome, and arthritis had its onset during active duty service. 2. The Veteran’s lumbar spine degenerative disc disease, intervertebral disc syndrome, and arthritis had its onset during active duty service. CONCLUSIONS OF LAW 1. The criteria for cervical spine disc degeneration, intervertebral disc syndrome, and arthritis are met. 38 U.S.C. §§ 1131, 1112, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for lumbar spine degenerative disc disease, intervertebral disc syndrome, and arthritis are met. 38 U.S.C. §§ 1131, 1112, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army from June 1987 to June 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a hearing in November 2019. A transcript of that proceeding is of record. The Board acknowledges that the Veteran submitted a Rapid Appeals Modernization Program (RAMP) opt-in election form that was received by VA on November 26, 2018. However, the appeal had already been activated by the Board at that time and is therefore no longer eligible for the RAMP program. Accordingly, the Board will undertake appellate review of this case. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff’d per curiam, 78 F. 3d 604 (Fed. Cir. 1996) (table). 1. Cervical spine The Veteran has a diagnosis of cervical spine disc degeneration, intervertebral disc syndrome, and arthritis. See May 2016 VA examination. August 1988 service treatment records (STRs) show neck and back pain diagnosed as muscle strain and radiology testing of the cervical spine in due to trauma from a motor vehicle accident. September 1988 STRs continued to show upper back pain with diagnoses of probable postural strain and muscle strain. The Board acknowledges that the May 2016 VA examiner provided a negative nexus opinion. However, the Board finds the testimony of the Veteran regarding the onset of her symptoms and her symptoms since service to be competent and credible. See Layno v. Brown, 6 Vet. App. 465, 470 (1994); Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006). Resolving doubt in the Veteran’s favor, the Board finds that service connection for cervical spine disc degeneration, intervertebral disc syndrome, and arthritis is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994); 38 C.F.R. § 3.303(a). 2. Lumbar spine The Veteran has a diagnosis of lumbar spine degenerative disc disease, intervertebral disc syndrome, and arthritis. See May 2016 VA examination. As an initial matter, the Board finds that the Veteran was sound upon entrance into service in regard to her lumbar spine. Although the Veteran reports recurrent back pain on her March 1987 report of medical history, the March 1987 report of medical examination at enlistment does not note any abnormality of the spine. See 38 U.S.C. § 1111; 38 C.F.R. § 3.304. The STRS show neck and back pain diagnosed as muscle strain in August 1988 and low back pain diagnosed as back spasms in June 1989. The Veteran submitted a November 2019 letter from her private chiropractor, Dr. A.R. Dr. A.R. stated that the Veteran’s August 2016 magnetic resonance imaging (MRI) revealed stenosis of the L4/L5 region due to thickening of the ligamentum flavum, and he opined that this is likely to be consistent with the injury the Veteran sustained while in service. The Veteran’s sisters and mother also provided statements in support of the Veteran’s claim, in which they asserted that the Veteran has had back pain since service. See January 2017 statement from T.G.; January 2017 statement from V.K.; January 2017 statement from L.G. The Board acknowledges that the May 2016 VA examiner provided a negative nexus opinion regarding the relationship between the Veteran’s lumbar spine conditions and her service. However, resolving doubt in the Veteran’s favor, in light of the Veteran’s diagnoses, Dr. A.R.’s positive nexus opinion, and the competent and credible lay statements from the Veteran, her sisters, and her mother regarding her back pain since service, the Board finds that service connection for lumbar spine degenerative disc disease, intervertebral disc syndrome, and arthritis is warranted. S.C. Krembs Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Samuelson, 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.