Citation Nr: 21025715 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 16-15 655 DATE: April 28, 2021 ORDER Entitlement to service connection for a cervical spine disorder is granted. FINDINGS OF FACT The Veteran has cervical spine degenerative arthritis that is the result of his active duty service. CONCLUSION OF LAW The criteria for service connection for a cervical spine disorder are met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active duty from September 1974 through August 1984 and from October 1986 through October 1996, to include service in the Southwest Asia Theater of Operations from September 1990 through March 1991. The issues on appeal arise from the Veteran’s December 2015 claim and the agency of original jurisdiction’s (AOJ’s) March 2016 rating decision. The matter was remanded previously by the Board in April 2019 and February 2020. The development ordered by the Board has been completed and the matter now returns for the Board’s review. Issues concerning the Veteran’s entitlement to service connection for right and left shoulder disabilities respectively were previously part of this appeal. Those issues, however, were granted in full by the AOJ in an August 2020 rating decision. As there remains no ongoing controversy as to those issues, those issues do not remain before the Board on appeal. Analysis The Veteran maintains that his current cervical spine condition had its genesis in service. He described in his original March 1997 claim that he has had “upper back pain” since 1988. He theorized in his April 2016 notice of disagreement and during cervical spine examinations conducted in February 2016 and October 2020 that his neck problems resulted from hard impact from parachute jumps during service. Service department records show that the Veteran served as an officer in an airborne unit and participated in and led his unit in various airborne training exercises. The nature of the Veteran’s duties during service are consistent with his assertion that he incurred repetitive impact from parachute training during service. The evidence also supports the Veteran’s contention that he has had chronic neck pain since his period of active duty service. A September 2017 statement from R.D.A. asserts that she served with the Veteran at Fort Benning, Georgia and that the Veteran frequently complained to her of neck pain. Post-service treatment records reflect that the Veteran has complained of ongoing intermittent neck pain over the years. January 2006 treatment records from Kaiser Permanente document complaints of neck pain. A September 2008 VA treatment note reflects that the Veteran was continuing to complain of neck pain at that time. Subsequent records show that the Veteran began receiving active treatment for his neck in May 2013 with Dr. Y.S.L. at Pinnacle Orthopedics. X-rays taken at that time showed degenerative arthritis that was confirmed again in a November 2013 MRI study. A February 2016 cervical spine examination confirmed the earlier radiological findings. Although the examiner opined that it is less likely than not that the Veteran’s neck condition was incurred during service or caused by an in-service injury, illness, or event, her opinion is based entirely on the fact that the Veteran did not begin to seek active treatment until after service. To that end, she fails to consider or discuss the Veteran’s credible assertions concerning in-service onset and subsequent chronicity. For this reason, the opinions expressed in the February 2016 examination are incomplete and not entitled significant weight. Although the Veteran’s cervical spine was re-examined in October 2020, that examination did not reveal any different findings or diagnoses and did not provide any new or revised opinion as to whether the Veteran’s cervical spine disorder might be related directly to activities during the Veteran’s active duty service. The Board is persuaded by the Veteran’s credible lay assertions and the evidence showing that the Veteran has had chronic and worsening neck pain since service. The Veteran is accordingly entitled to service connection for a cervical spine disorder. The appeal is granted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D.S. Lee 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.