Citation Nr: 21067484 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 17-49 181 DATE: November 4, 2021 ORDER Service connection for cervical disability ("neck disability") is granted. Service connection for thoracolumbar disability ("low back disability") is granted. FINDINGS OF FACT 1. The evidence as to whether the Veteran's currently diagnosed neck disability was caused by an in-service event, injury, or disease is at least in relative equipoise. 2. The evidence as to whether the Veteran's currently diagnosed low back disability was caused by an in-service event, injury, or disease is at least in relative equipoise. CONCLUSIONS OF LAW 1. The criteria for service connection for neck disability have been met. 38 U.S.C. §§ 1101, 1110, 1111, 1131, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309(a). 2. The criteria for service connection for low back disability have been met. 38 U.S.C. §§ 1101, 1110, 1111, 1131, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran testified before the undersigned Veterans Law Judge in an October 2021 video conference hearing. The Veteran served on active duty in the United States Army from November 2007 to September 2011. Service Connection Generally, to prove service connection, there must be 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. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Arthritis is considered a chronic disease. See 38 C.F.R. § 3.309(a). Thus, service connection may be based on credible evidence of continuity of symptomatology alone under 38 C.F.R. § 3.303(b). Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the Veteran. 38 U.S.C. § 5107(b). The Veteran contends that he has neck and low back disabilities that were incurred in service. Specifically, he contends that the neck disability is a result of injuries he sustained in an in-service automobile accident, and that his low back disability is a result of the duties he performed while in service. A review of the record indicates a diagnosis of cervical radiculopathy and degenerative disc disease of the neck and a 2011 diagnosis of degenerative disc disease of the low back and scoliosis. See June 2013 VA Compensation and Pension Spine Examination and June 2013 VA Back Conditions Disability Benefits Questionnaire. As such, there are current disabilities related to the neck and low back. It is not in dispute that the Veteran was involved in an automobile accident while in service. Service treatment records illustrate that he was involved in a motor vehicle accident and was treated in the ER. The ER note reflects that his neck was tender. The note described the back as nontender and atraumatic. The note is not dated, but shows that the Veteran was 23 years of age at the time of the accident. A service treatment record dated May 2008 shows that the Veteran presented at the ER clinic with an appointment to address issues such as upper respiratory infection, dermatitis, and acute bronchitis. Under the history of present illness, the Veteran reported being in a car accident and acute cervical strain. This report lists the Veteran as being 23 years of age. A November 2010 service treatment record shows the Veteran was 26 years of age and presented with neck pain. He related the neck pain with a motor vehicle accident "MVA" he had in August 2010. Upon examination the examiner diagnosed the Veteran with cervicalgia and concluded that there was neck pain and stiffness three months status-post the MVA. While being treated for low back pain with a private provider between March 2016 and April 2017, the Veteran consistently reported how it is, he feels his miliary service caused his low back disability. Specially, he reported that when he served in the Army as military police, he consistently wore packs weighing anywhere from 50 to 60 pounds and how he attributed his back pain to wear and tear overtime. He also reported that his chronic low back pain "LBP" began around 2009. Resolution of the Veteran's appeal turns on whether his current disabilities are attributable to his military service. During a November 2010 initial evaluation for posttraumatic stress disorder (PTSD) a VA examiner stated his observation that the Veteran was in obvious pain over his lower back. A December 2011 VA primary care note shows a diagnosis of "neck pain s/p May 2010 MVA Ft. Hood whiplash type injury." VA treatment records dated between July 2013 and October 2017 illustrate reports of chronic neck and back pain. Private treatment records dated between March 2016 and April 2017 show consistent treatment for low back pain. An August 2016 VA treatment record reflects a diagnosis of chronic neck and back pain, and during this visit the Veteran reported that he has been under the care of a private provider for chronic neck and back pain. An August 2016 VA Caregiver Program annual in-home monitoring assessment record shows that the Veteran requires assistance in dressing himself during the times when he experienced increased back or neck pain. A medical doctor from the St. Petersburg Regional Office provided opinions in a three-page document, dated August 2013. The examiner opined that the Veteran's neck disability is not related to the MVA accident, whether it occurred in May 2008 or August 2010, stating that it more likely occurred sometime after separation. The examiner also opined that the Veteran's low back disability is not a result of the MVA that occurred in August 2010, stating there was no chronicity established while on active duty and no continuity seen in the private section shortly after discharge. The Veteran has competently and consistently indicated that he has experienced neck pain since the documented in-service motor vehicle accident and low back pain since service. He has provided competent, credible testimony describing the onset of his neck pain and low back pain, and how it has continued to present. Given that the Veteran's neck disability and low back disability are forms of arthritis, this continuity of symptomatology serves as the necessary nexus between the Veteran's current neck and low back disabilities and his active-duty service. There is evidence of an in-service motor vehicle accident, regardless of whether it occurred in 2008 or 2010. The Veteran's DD-214 Form lists his military occupational specialty as military police, which is consistent with his reporting. There is one negative opinion of record. Nevertheless, the Board finds the positive and negative evidence to be in relative equipoise. Therefore, resolving all reasonable doubt in the Veteran's favor, the Board finds that entitlement to service connection for his neck disability and for his low back disability are warranted. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Talamantes, 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.