Citation Nr: 21014556 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 17-02 621 DATE: March 15, 2021 ORDER Entitlement to service connection for a lumbar spine disability is granted. Entitlement to service connection for a cervical spine disability is granted. INTRODUCTION The Veteran had active service from February 1994 to March 1996. In March 2021, the Veteran attended a hearing before the undersigned Veterans Law Judge. FINDINGS OF FACT 1. The Veteran has degenerative disc disease with strain of the lumbosacral spine, which originated in service. 2. The Veteran has spondylosis of the cervical spine, which originated in service. CONCLUSIONS OF LAW 1. The criteria for service connection for a lumbar spine disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. 2. The criteria for service connection for a cervical spine disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Duty to Assist As a preliminary matter the Board notes that, with respect to the Veteran’s claims for service connection for a back and neck disability, the evidence is sufficient to grant entitlement to the benefit sought. Consequently, no further development is required to comply with VA’s duties to notify and assist under 38 U.S.C. § 5103 or 38 C.F.R. § 3.159, as this is considered a complete grant of the benefits sought. Burden of Proof Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. 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 claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518, 519 (1996), citing Gilbert, 1 Vet. App. at 54. Legal Criteria Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303 (d). Factual Background and Analysis The Veteran seeks service connection for lumbar and cervical spine disabilities, which he contends were incurred in service. Initially, the Board notes that the resolution of the above-noted issues involves the application of similar facts to identical laws, and as such, for the sake of judicial economy and brevity the Board will address these issues together. The medical evidence confirms the Veteran currently has lumbar spine degenerative disc disease (DDD) with strain, as well as cervical stenosis. Next, the Board notes the Veteran’s service treatment records (STRs) show he reported experiencing back pain during his January 1996 separation examination. These records also show the Veteran was treated for neck pain in service. Further, the Veteran has competently reported experiencing back and neck pain following a fall on ice in service, which he states has persisted since that time. See 38 C.F.R. § 3.159 (a)(2). Therefore, the central issue that must be resolved at this time is whether the Veteran’s current disabilities were incurred in service. As noted above, the Veteran has reported the onset of his neck and back pain having been in service. Additionally, the Veteran’s private clinician has provided a statement indicating he has treated the Veteran for several years, and it is his belief the Veteran’s current neck and back conditions were at least as likely as not an initial result of the Veteran’s fall in service. The Board acknowledges a February 2015 VA medical opinion, wherein the examiner concluded the Veteran’s disability was less likely than not incurred in service; however, the Board has afforded that medical opinion limited probative value, as the examiner failed to explain how and why he came to his conclusions, and also failed to acknowledge or discuss the Veteran’s reports. (Continued on the next page)   In sum, the Board is satisfied that the evidence supporting a nexus between the Veteran’s currently diagnosed lumbar and cervical spine disabilities and his in-service injury is at least in equipoise with the evidence against a nexus. Therefore, the Veteran is entitled to service connection for his disabilities. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Fraser, 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.