Citation Nr: 22016946 Decision Date: 03/23/22 Archive Date: 03/23/22 DOCKET NO. 18-41 304 DATE: March 23, 2022 ORDER Entitlement to service connection for a cervical spine condition is granted. Entitlement to service connection for a lumbar spine condition is granted. VETERAN'S CONTENTIONS The Veteran contends that she should be granted service connection for her cervical and lumbar spine disabilities. See April 2016 VA 21-526EZ. While performing active duty for training, she was setting up a tent and a pole struck her diagonally across her back and neck. See February 2016 Correspondence and November 2021 Board Hearing Trans. pg. 4. Since this incident, she has continued to experience neck and lower back pain. Id. at 16. FINDINGS OF FACT 1. The Veteran's cervical spine disability, currently manifested by neck pain, had its clinical onset while performing active duty for training. See November 2021 Board Hearing Trans. pg. 3; see also, June 1979 Military Personnel Record. 2. The Veteran's lumbar spine disability, manifested by lower back pain, had its clinical onset while performing active duty for training. See November 2021 Board Hearing Trans. pg. 3; see also, June 1979 Military Personnel Record. CONCLUSIONS OF LAW 1. The criteria for service connection for a cervical spine disability are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for a lumbar spine disability are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1970 to March 1972 with additional Reserve service. The Veteran This matter comes before the Board of Veteran's Appeal (Board) on appeal from an October 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran selected a hearing with a Veterans Law Judge on her August 2018 VA Form 9. In October 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Entitlement to service connection for cervical and lumbar spine disabilities is granted. Generally, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Pond v. West, 12 Vet. App. 341 (1999). With respect to the Veteran's Army Reserve service, service connection may only be granted for disability resulting from disease or injury incurred or aggravated in line of duty while performing active duty for training (ACDUTRA), or for disability resulting from an injury incurred or aggravated in line of duty while performing inactive duty for training (INACDUTRA). 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a) (emphasis added). After reviewing the evidence of record, the Board finds that service connection for cervical spine and lumbar spine disabilities is warranted in the instant case. Turning to the evidence of record, the Board finds that the Veteran's cervical and lumbar spine conditions are manifested by pain and are productive of functional limitations. See June 2021 Private Medical record. Therefore, the Board finds that the first element of service connection is met. Next, the Board finds that the Veteran's cervical and lumbar spine disabilities were incurred in the line of duty while performing ACDUTRA. Specifically, the Veteran reported that during ACDUTRA, she injured her neck and lower back after a pole fell across her back and neck. See November 2021 Board Hearing Trans. pg. 19, see also, April 2016 Buddy Statement. The Veteran also reported that although she could not recall the precise date of the incident, she recalled that it occurred in 1978 or 1979 during a two-week summer training camp. See November 2021 Board Hearing Trans. pg. 3 and February 2016 Correspondence. Additionally, the Veteran's military personnel records reveal that she reported to ACDUTRA from June 2, 1979 to June 16, 1979. See June 1979 Military Personnel Record. The Veteran reported that she sought treatment following this incident, and was given pain pills and instructed lie down. See November 2021 Board Hearing Trans. pg. 4. However, it appears that the Veteran's service treatment records from her Reserves service could not be obtained. See August 2016 Correspondence. Therefore, the Board will apply the benefit of the doubt regarding this element of service connection since the Veteran's Reserve service medical records could not be obtained. See O'Hare v. Derwinski, 1 Vet. App. 365, 367 (1991). Thus, the Board finds that the injuries to the Veteran's cervical and lumbar spine were incurred during ACDUTRA. Lastly, regarding a link between the Veteran's cervical and lumbar spine disabilities and her ACDUTRA, the Board finds that her neck and lower back pain began in service and has continued to the present. See November 2021 Board Hearing Trans. pg. 16. Specifically, in May 2018, private chiropractors opined that the Veteran's current spinal symptoms are due to the injury she incurred in the military. See May 2018 Private Medical Record. Significantly, the Board finds that there is no negative opinion evidence of record that refutes the May 2018 treating chiropractor's finding. Accordingly, based on the Veteran's lay testimony and the evidence of record, the Board finds each of element of service connection is met. Accordingly, service connection for the Veteran's cervical and lumbar spine disabilities is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. §§ 3.102, 3.303; Gilbert v. Derwinski, 1 Vet. App. 49, 53-54 (1990). S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Foster, Associate 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.