Citation Nr: 20007789
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 19-15 405
DATE: January 30, 2020

ORDER

Entitlement to service connection for a disability of the neck secondary to a service-connected back disability is granted.

FINDING OF FACT

The evidence shows that the Veteran has a current disability of the neck that was caused and aggravated by her service-connected back disability.  

CONCLUSION OF LAW

The criteria for service connection for a neck disability secondary to a service-connected back disability are met.  38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.310 (2017).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1982 to February 1988.  

This appeal comes to the Board of Veterans’ Appeals (Board) from a March 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

Service connection is granted on a direct basis when there is competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury.  38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d).  

Service connection may also be granted for a disability that is proximately due to or the result of an established service-connected disability.  38 C.F.R. § 3.310 (2017). This includes disability made chronically worse by a service-connected disability.  Allen v. Brown, 7 Vet. App. 439 (1995).  

In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the Court stated that “a veteran need only demonstrate that there is an ‘approximate balance of positive and negative evidence’ in order to prevail.”  To deny a claim on its merits, the preponderance of the evidence must be against the claim.  See Alemany v. Brown, 9 Vet. App. 518, 519 (1996) (citing Gilbert, 1 Vet. App. at 54).  

In this case, the Board finds that the evidence shows the Veteran is entitled to service connection for a disability of the neck secondary to her service-connected back disability.  The Veteran’s VA treatment records and a VA examination have confirmed she suffers from a disability of the neck.  See, e.g., December 2017 VA neck examination.  While the VA examiner indicated the Veteran’s neck disability was related to wear and tear attributable to the Veteran’s age, the VA examiner did not adequately address whether changes in the Veteran’s biomechanics from her service-connected back disability contributed to such wear and tear.  The Veteran submitted a statement from her chiropractor, which supports the Veteran’s contention that her neck symptoms have developed and worsened over time in part due to her back disability including changes in biomechanics.  See July 2018 Statement in Support of Claim (received in May 2019); July 2018 statement from C.C., D.C..  The Board ultimately affords more probative value to the chiropractor’s opinion in the context of competent and credible statements from the Veteran about the history of her pain.  Accordingly, the Veteran’s claim is granted.  

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Duffy, Associate 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.