Citation Nr: 21070526 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 17-26 308 DATE: November 24, 2021 ORDER Entitlement to service connection for cervical spine degenerative disc disease and degenerative changes is granted. FINDING OF FACT Cervical spine degenerative disc disease and degenerative changes originated during active service. CONCLUSION OF LAW The criteria for service connection for cervical spine degenerative disc disease and degenerative changes have been 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 had active service from January 1987 to August 1987; from March 2003 to October 2004; from January 2007 to September 2007; and from December 2007 to June 2008. He served in Afghanistan. The Veteran had additional duty with the Air Force Reserve. Service Connection for a Cervical Spine Disability Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C.A. §§ 1110, 1131. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). The service treatment records reflect that the Veteran was seen for cervical spine/neck and shoulder complaints. An August 2003 treatment record states that the Veteran complained of right shoulder pain after lifting his 140 pound dog out of a pool. A July 2004 treatment record conveys that the Veteran complained of neck and shoulder pain. A June 2008 informal line of duty determination states that the Veteran was injured when he slipped while holding weights over his head during physical training in a gym. An October 2013 cervical spine magnetic resonance imaging study from A. Cumming, M.D., states that the study revealed "left foraminal spurring at C3-4, disc osteophyte formation to the left at C5-6 with bilateral foraminal spurring and a left sided herniation extending into the recess at C6 7." A November 2016 written statement from S. Beck, D.C., conveys that the Veteran presented a "chronic history of intermittent neck and right shoulder/arm pain since being injured while on active military duty overseas in 2008." He noted that an October 2013 cervical spine magnetic resonance imaging study revealed findings consistent with degenerative disc disease and foraminal stenosis. Dr. Beck concluded that, "with his history of injury while on active military duty in 2008, subsequent surgeries and pattern of frequent flare ups, it is within a reasonable medical certainty that [the Veteran'] neck pain with right shoulder/arm pain is directly related to the injuries sustained in 2008." The report of a February 2017 Department of Veterans Affairs (VA) examination states that the Veteran was diagnosed with cervical spondylosis. The examiner concluded that "the condition claimed is less likely than not (less than 50% probability) proximately due to or the result of the Veteran's service connected condition." The doctor opined that "I am not aware of any medical literature supporting the causal relationship between the Veteran's cervical spondylosis and the neck condition and shoulder/low back condition" and "aging plays a significant role in causing degenerative changes in his cervical spine." The examiner did not address or otherwise note either the documented in service neck/cervical spine pain and Dr. Beck's opinion. Given such deficiencies, the Board of Veterans' Appeals (Board) finds that the examination report is of limited probative value. The service treatment records document that the Veteran was seen for neck/cervical spine pain and a 2008 weightlifting injury. VA and private medical providers have diagnosed the Veteran with cervical spine degenerative disc disease and degenerative changes. Dr. Beck concluded that the diagnosed cervical spine disability was manifested as the result of the documented in service 2008 weightlifting injury. The record is in at least equipoise as to whether the diagnosed cervical spine disability originated during active service. Upon resolution of all reasonable doubt in the Veteran's favor, the Board concludes that service connection for cervical spine degenerative disc disease and degenerative changes is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Casula 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.