Citation Nr: 21011023
Decision Date: 02/26/21	Archive Date: 02/26/21

DOCKET NO. 07-01 393
DATE: February 26, 2021

ORDER

Service connection for cervical intervertebral disc disease is granted.

FINDING OF FACT

The Veteran’s current cervical intervertebral disc disease is related to service.

CONCLUSION OF LAW

The criteria for service connection for cervical intervertebral disc disease 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 in the United States Navy from April 1974 to July 1980.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).   

The Veteran presented sworn testimony at a hearing before the undersigned in November 2020.

The Veteran seeks service connection for a neck disability, which she relates to the duties and responsibilities of her military occupational specialty.  During her November 2020 hearing, she credibly testified to recurrent neck pain in and since service.

Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability).  See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); 38 C.F.R. § 3.303(a).  

In this case, the evidence shows that the Veteran has had a neck disability, diagnosed as cervical intervertebral disc disease, throughout the appeal period.  See Private orthopedic surgeon (November 25, 2020).  

In November 2020, the Veteran’s treating orthopedic surgeon opined that the disability is more likely than not related to the rigors of the Veteran’s military occupational duties, namely patching antennas.  The surgeon explained that when combined with her basic training, these rigorous activities initiated a condition of acute and chronic inflammatory reaction at cervical segments including intervertebral disc and facet joints, which lead to the release of collagenases and proteinases predisposing the Veteran to her current cervical intervertebral disc disease.  

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The Board finds the opinion highly probative as it is based on a review of the Veteran’s relevant medical history and pertains a medical issue within his expertise.  See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008).  Absent any evidence or medical opinion to the contrary, the Board resolves any doubt in the Veteran’s favor and finds that all three elements necessary to establish service connection have been met.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joshua R. Castillo, 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.