Citation Nr: 21027143 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 17-24 678 DATE: May 4, 2021 ORDER Entitlement to service connection for degenerative disc disease of the lumbar spine, to include as secondary to a service-connected disability, is granted. Entitlement to service connection for degenerative disc disease of the cervical spine, to include as secondary to a service-connected disability, is granted. FINDINGS OF FACT 1. Resolving all reasonable doubt in the Veteran's favor, it is at least as likely as not that his degenerative disc disease of the lumbar spine, to include as secondary to a service-connected disability, is related to active duty service. 2. Resolving all reasonable doubt in the Veteran's favor, it is at least as likely as not that his degenerative disc disease of the cervical spine, to include as secondary to a service-connected disability, is related to active duty service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for degenerative disc disease of the lumbar spine, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1111, 5107(b); 38 C.F.R. §§ 3.303, 3.304, 3.310. 2. The criteria for entitlement to service connection for degenerative disc disease of the cervical spine, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1111, 5107(b); 38 C.F.R. §§ 3.303, 3.304, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from July 1984 to November 1986. The Veteran appeared and testified at a virtual teleconference hearing in March 2021 before the undersigned Veterans Law Judge. A transcript of the testimony is of record. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). In addition to the regulations cited above, service connection is warranted for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Any additional impairment of earning capacity resulting from an already service-connected condition, regardless of whether or not the additional impairment is itself a separate disease or injury caused by the service-connected condition, should also be compensated. Allen v. Brown, Vet. App. 439 (1995). When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. Id. 1. Entitlement to service connection for degenerative disc disease of the lumbar spine, to include as secondary to a service-connected disability 2. Entitlement to service connection for degenerative disc disease of the cervical spine, to include as secondary to a service-connected disability The Veteran contends that his degenerative disc disease of the cervical and lumbar spine was caused or aggravated by his service-connected bilateral knee disabilities. Specifically, he reports that his knee disabilities have caused him to walk with a limp and fall, which has led to pain and degeneration in his back and neck. After considering all the evidence of record, the Board of Veterans' Appeals (Board) determines that service connection is warranted for degenerative disc disease of the lumbar and cervical spine. First, x-rays of both the lumbar and cervical spine from January 2016 revealed moderate disc loss in the lumbar spine and moderate to marked degenerative disc disease in the neck, as well as loss of curvature in the cervical spine. Additionally, a February 2016 MRI of the cervical spine demonstrated cervical spine edema and compromise of the right C5 nerve root. He has been treated with physical therapy, epidural steroid injections, and pain management for these conditions. The Veteran submitted a March 2021 private physician's opinion stating that the Veteran's service-connected knee conditions have caused him pain for more than 20 years that has worsened over time. The physician noted that the Veteran is unable to ambulate very well due to severe knee pain, which the physician opined has caused a lot of lower back pain secondary to abnormal gait. The physician further opined that the Veteran's abnormal gait causes him to grab onto things around the house, aggravating his chronic neck pain. The examiner opined that the bilateral knee disabilities have exacerbated the Veteran's chronic neck and lower back pain. The Board acknowledges the negative opinions from the February 2016 VA examiner. The examiner opined that the medical literature does not support that knee disabilities cause or aggravate lower back and neck disabilities and that the Veteran's current spinal disabilities are likely the result of the normal aging process. However, the examiner did not fully discuss whether these conditions could be aggravated by the Veteran's specific symptoms, such as a limp, falling, or regularly grabbing onto objects around the house to avoid falls due to knee pain and buckling. Ultimately, affording the Veteran the benefit of the doubt, the weight of the evidence supports service connection for degenerative disc disease of the lumbar spine and of the cervical spine, to include as secondary to a service-connected disability. Thus, service connection should be granted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Veltri, Associate Counsel