Citation Nr: 21062007 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 20-14 382 DATE: October 6, 2021 ORDER Entitlement to service connection for degenerative disc disease of the cervical spine is granted. FINDING OF FACT Resolving all doubt in the Veteran's favor, the Veteran's cervical spine disability had its onset in service. CONCLUSION OF LAW The criteria for service connection for a cervical spine disability have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1989 to July 1998, from December 2010 to September 2011, and from June 2014 to February 2015, with service in Afghanistan. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2021, the Veteran testified at a virtual hearing before the undersigned Acting Veterans Law Judge. A transcript of this hearing is not yet available. However, this appeal meets the criteria for VA's One-Touch initiative program. As such, this decision is being prepared pursuant to the program in order to provide an immediate response to the Veteran after his hearing. The transcript of the hearing will be added to the electronic claims file later in the normal course of business. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of matter, the benefit of the doubt will be given to the Veteran. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Entitlement to service connection for a cervical spine disability is granted. The Veteran contends his cervical spine disability was incurred during his military service. First, the medical evidence demonstrates the Veteran's diagnosis of degenerative disc disease of the cervical spine at a November 2018 VA examination. As such, the first element of service connection for a cervical spine disability has been met. Next, although the Veteran's service treatment records (STRs) do not show any reports or diagnoses related to a cervical spine disability, a November 2018 report of medical history reflects that his neck complaints began in September 2014, while he was on active duty. He continued to report neck pain in 2017 and x-rays revealed degenerative changes of the cervical spine in April 2018. A November 2018 examiner disqualified the Veteran, following a flight duty medical exam, due to his cervical degenerative disc disease. Additionally, the Veteran testified his neck pain became very noticeable while on deployment in Afghanistan, and he self-medicated since that time with over the counter medication. He stated that he did not report the neck pain during service out of fear that he would be grounded on duty. The Board finds this statement to be credible as the Veteran's service records show that he was a pilot in service. In light of the Veteran's testimony, as well as the nature and circumstances of his military service as a pilot, the Board finds that there is competent and credible evidence of record that the Veteran had cervical spine pain during service. The Veteran was examined for VA purposes in November 2018. At the examination, he reported that his neck pain began in 1989 and continued throughout service. The examiner opined that the Veteran's cervical spine disability was less likely than not incurred during service. She reasoned it was unlikely connected to service due to the lack of documentation of complaints related to neck injuries in the medical records. The examiner, however, failed to consider the Veteran's credible lay statements regarding his in-service neck pain, which he attributed to having to wear flight helmets. Upon review, the Board affords less probative value to the November 2018 VA opinion because it did not consider the Veteran's reports of neck pain since service and relied on the absence of documentation of reports of and treatment for neck pain since service. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir 2006) (holding lay evidence concerning continuity of symptoms after service, if credible, is ultimately competent, regardless of the lack of contemporaneous medical evidence). Given the Veteran's post-service documentation of neck pain that began during service, and his competent and credible lay statements that he had neck pain since service, the Board finds that service connection for a cervical spine disability is warranted after resolving all doubt in favor of the Veteran. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Accordingly, service connection for degenerative disc disease of the cervical spine is warranted. S. Sorathia Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Erin J. Trojanowski, 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.