Citation Nr: 21041024 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 19-18 832A DATE: July 7, 2021 ORDER Entitlement to service connection for cervical degenerative disc disease, strain, and spondylosis (neck disability), is granted. Entitlement to service connection for right hip arthritis and degenerative tear of acetabular labrum (right hip disability) is granted. Entitlement to service connection for lumbosacral strain (back disability) is granted. Entitlement to service connection for radiculopathy of the left lower extremity, as secondary to low back disability, is granted. Entitlement to service connection for radiculopathy of the right lower extremity, as secondary to low back disability, is granted. FINDINGS OF FACT 1. The Veteran's neck disability is related to the Veteran's active service. 2. The Veteran's right hip disability is related to the Veteran's active service. 3. The Veteran's back disability is related to the Veteran's active service. 4. The Veteran's radiculopathy of the left lower extremity is due to his low back disability. 5. The Veteran's radiculopathy of the right lower extremity is due to his low back disability. CONCLUSIONS OF LAW 1. The criteria for service connection for a neck disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for right hip disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for a back disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for radiculopathy of the left lower extremity are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. 5. The criteria for service connection for radiculopathy of the right lower extremity are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1999 to November 2003. The Veteran's decorations include the Bronze Star Medal, Combat Infantryman Badge, Parachutist Badge, and Ranger Tab. In June 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. This decision is being prepared under the Board's "One Touch" hearing program; a copy of the transcript of that hearing will be added to the Veteran's file in the normal course of business. The Veteran's initial claims for entitlement to service connection for neck, back, right hip and lower extremity disabilities were denied in a rating decision in March 2015. Thereafter, the Veteran submitted a request for reconsideration in May 2015 and VA examination reports were associated with the record in September 2015. The claims were again denied in an October 2015 rating decision. Subsequently, the Veteran submitted private medical opinions in September 2016 and private treatment notes in October 2016. The claims were again denied in a January 2017 rating decision. A timely appeal was perfected to the Board from the January 2017 rating decision. As new and material evidence was received within one year of each of the prior rating decisions, the claims remained open and, therefore, will be considered de novo on the merits. See 38 C.F.R. § 3.156. Service Connection 1. Entitlement to service connection for a neck disability. 2. Entitlement to service connection for a right hip disability. 3. Entitlement to service connection for back disability. 4. Entitlement to service connection for radiculopathy of the left lower extremity. 5. Entitlement to service connection for right lower extremity. The Veteran seeks entitlement to service connection for a neck disability, right hip disability, back disability, and left and right lower extremity radiculopathy. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection may be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. The Board concludes that the Veteran has a current neck, right hip, and low back disabilities that are due to his active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). In addition, the Board concludes that the Veteran's left and right lower extremity radiculopathy is due to his low back disability. 38 C.F.R. § 3.310. Personnel records indicate that the Veteran had active service that involved parachuting. In statements dated in April 2014 and July 2019 the Veteran described the conditions of his service. He noted that injuries were a regular and constant part of life in the infantry and that treatment was frowned upon and to be avoided. He recalled that Range School, parachute training, and his deployment led to aching, pain, and loss of range of motion. The Veteran identified weight carried, including body armor and helmet; miles traveled, including over rough and mountainous terrain; lack of sleep; and rapid weight loss. In addition, the Veteran identified a parachute injury in service. He also reported as popping in the right hip in service as well as pain in the neck and back. Finally, the Veteran noted that he did not report problems at separation from service because he was warned that delays ins out-processing could result in being held on active duty. The Veteran was afforded a VA neck, hip, and back examinations in July 2015, January 2017, December 2018, and September 2020. The Veteran was diagnosed with neck, right hip, and back disabilities, including lumbosacral strain and lower extremity radiculopathy. However, the examiners in July 2015, January 2017, and December 2018 rendered negative opinions with regard to the Veteran's disabilities and in September 2020 opinions were not rendered. The Veteran was afforded a VA peripheral nerves examination in July 2015. The Veteran denied a peripheral nerve disability and was not found to have a disability. The examiner rendered a negative opinion indicating that there was no evidence of bilateral lower sciatica. A back examination in January 2017 found that the Veteran did not have a diagnosis of the leg achiness symptoms. In September 2016 the Veteran's private chiropractor indicated that the Veteran was treated for neck and back symptoms and had expressed problems with sciatic type symptoms into his lower extremities. It was found that the type of training as well as duties and routines were discussed and that it was more likely than not that the experiences were a causative agent to the Veteran's problems. In October 2016 a private provider evaluated the Veteran's right hip and reported that the Veteran had been complaining of mild hip pain for many years. Magnetic Resonance Imaging (MRI) scan verified labral tears as well as arthritic changes within the hip joint and joint effusion. It was believed that because of the Veteran's many years of military experience and being hard on his body with exercises, running, jumping, and doing maneuvers, he could have done more and more damage to his hip injuring the bone as well as tearing the ligaments. In July 2019 a private provider noted that the Veteran's military treatment records and personnel file were reviewed, and that the circumstances and events of the Veteran's military service, including parachuting with high impact landings, long-distance, high impact, activities with heavy combat loads in excess of 65 pounds complicated further by uneven surfaces, vehicle-ride shock exposure, and prolonged wear of a Kevlar helmet, while in service were considered. The Veteran was diagnosed with degenerative tear of acetabular labrum of the right hip, cervicalgia, cervical spondylosis, cervical degenerative disc disease, cervical strain, low back pain, CAM lesion of the right femoral head at neck junction with associated subcortical cyst along the acetabular roof. It provider found that it was more than likely that the Veteran's condition was a direct result of his accumulation of high impact and traumatic events required by his military service. The provider's experience as well as the medical literature showed that spinal injuries, muscle strain, and joint injuries can result from parachute landings. Military vehicle-ride exposure can result in cervical pathology. Further, the wearing of heavy body armor and head equipment, and repetitive high impact activities may complicate these injuries. In another July 2019 private provider statement, the Veteran was noted as being treated for a right hip pain, right hip posttraumatic arthritic changes, as well as right hip labral ligament tears. The Veteran's disability was associated with his active service and the Veteran's service activities were identified as jumping, jogging, and climbing. The Veteran's chiropractor stated in July 2019 that the Veteran's military treatment, personnel records were reviewed, the circumstances and events of the Veteran's military service, and medical literature were considered, and that the Veteran was diagnosed with cervicalgia, cervical subluxation complex with underlying cervical instability, and chronic cervical strain injuries. The provider found that it was highly likely that the Veteran's condition was a direct result of his physical training, paratrooper responsibilities, excessive training with body armor and running on uneven services during his military service. Statements of the Veteran's spouse and family members, dated in August 2019, October 2019, and December 2019 reported that the Veteran did not have neck, back or hip issues prior to service, that problems developed during service, and that the problems were noticeable after completing Ranger School and deployment. See Statements, August 2019, October 2019, October 2019, and December 2019. Entitlement to service connection for cervical degenerative disc disease, strain, and spondylosis; right hip arthritis and degenerative tear of acetabular labrum; and lumbosacral strain are warranted as directly related to the Veteran's active service. His service personnel records and the statements show that his service included parachuting and other strenuous physical activities. He has competently and credibly reported that he began having neck, hip and back pain and problems during his active service. Statements of family members corroborate that the Veteran did not have problems with his neck, right hip or back prior to service but that he had difficulties upon separation from service and problems have continued since then. The record included negative VA nexus opinions and positive opinions from private providers. The private opinions identified that the nature of the Veteran's service and established a connection between that service and the Veteran's neck, right hip, and back disabilities. The private providers considered the Veteran's service treatment and personnel records as well as medical literature in rendering the opinions. The Board finds the evidence is at least in equipoise that the Veteran's cervical degenerative disc disease, strain, and spondylosis; right hip arthritis and degenerative tear of acetabular labrum; and lumbosacral strain are directly related to the Veteran's active service. Therefore, entitlement to service connection for cervical degenerative disc disease, strain, and spondylosis; right hip arthritis and degenerative tear of acetabular labrum; and lumbosacral strain is granted, subject to the laws and regulations governing monetary awards. Entitlement to service connection for left and right lower extremity radiculopathy, as secondary to the low back disability, is warranted. The Veteran has been diagnosed with lower extremity radiculopathy. The Veteran has competently and credibly reported that he had some problems with his lower extremities in service. VA examinations did not identify lower extremity radiculopathy or neurological disabilities until the September 2020 examination. That examiner said the symptoms were associated with the Veteran's low back pain. Therefore, as the Veteran has a current diagnosis of left and right lower extremity radiculopathy, has been granted service connection for a low back disability, and the radiculopathy symptoms have been associated with the Veteran's low back, entitlement to service connection for left and right lower extremity radiculopathy, as secondary to the back is granted. M.E. LARKIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Robert J. Burriesci, 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.