Citation Nr: 20028827 Decision Date: 04/24/20 Archive Date: 04/24/20 DOCKET NO. 17-22 533 DATE: April 24, 2020 ORDER Service connection for cervical spine disability is granted. REMANDED Service connection for right knee disability is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, the cervical spine disability is related to service. CONCLUSION OF LAW The criteria for service connection for cervical spine disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1969 to December 1980. In January 2020, the Veteran had a hearing before the undersigned; a transcript is of record. 1. Cervical spine The Veteran seeks service connection for a cervical spine disability (claimed as neck) due to a motor vehicle accident in service. The Board concludes that the Veteran has a current disability that is related to the October 1969 motor vehicle accident in service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The Veteran has a current diagnosis of spondylosis, and a documented motor vehicle accident in service. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim is the March 2014 VA examination, in which the examiner found that the Veteran’s cervical spine disability was due to the normal aging process. The examiner found that the neck injury following the motor vehicle accident in service was acute and transitory. The most probative evidence in favor of the claim includes a February 2020 statement from one of the Veteran’s treating providers indicating that the Veteran’s neck symptomology was most likely caused by whiplash from the motor vehicle accident in service. The private provider indicated that not all whiplash injuries fully resolve and that some patients will suffer long-term symptoms that can last a lifetime. Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current cervical spine disability is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for the cervical spine disability is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND 2. Right knee The March 2014 VA examiner said that the Veteran’s right knee disability was congenital in nature and preexisted service. Review of the service treatment records is absent for any 1969 enlistment examination. Without the 1969 enlistment examination the Board cannot determine whether the presumption of soundness applies in this case. Remand is necessary to obtain the Veteran’s enlistment examination in order to ensure that the appropriate legal standard and analysis are applied. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Obtain the Veteran’s enlistment examination from 1969.   3. Based on review of the above, complete any other indicated development. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board AD 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.