Citation Nr: 22018727 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 14-43 277 DATE: March 30, 2022 ORDER Entitlement to service connection for degenerative arthritis of the cervical spine is granted. FINDING OF FACT 1. The Veteran has a diagnosis of degenerative arthritis of the cervical spine. 2. The evidence is at least in equipoise as to whether the Veteran has experienced continuous symptoms of degenerative arthritis of the cervical spine since his period of active service. 3. The evidence is at least in equipoise as to whether the Veteran's current degenerative arthritis of the cervical spine is the result of his duties carrying heavy loads during his period of active service. CONCLUSION OF LAW The criteria for entitlement to service connection for degenerative arthritis of the cervical spine have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION Entitlement to service connection for degenerative arthritis of the cervical spine is granted. The Veteran had active service from November 1960 to November 1962. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The matter was denied in a September 2020 Board decision, which was subsequently appealed to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 Order, the Court granted a Joint Motion for Remand of the parties and remanded the case to the Board for action consistent with the Joint Motion for Remand. In August 2021 the Board remanded the Veteran's claim for further development. A remand by the Board confers on the Veteran, as a matter of law, the right to substantial compliance with the remand orders. Stegall v. West, 11 Vet. App. 268, 271 (1998). As the Board is herein granting the Veteran's claim in full, there is no prejudice to the Veteran in not addressing whether there has been substantial compliance with the August 2021 remand directives. The Board notes that it has reviewed all of the evidence in the record, with an emphasis on the evidence relevant to this appeal. Although there is an obligation to provide reasons and bases supporting its decision, there is no need to discuss, in detail, every piece of evidence of record. Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). Hence, the Board will summarize the relevant evidence as deemed appropriate and the Board's analysis will focus specifically on what the evidence shows, or fails to show, as to the claim. In May 2013 the Veteran filed a claim of service connection for a cervical spine disability. 05/07/2013, Informal Claims. Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); 38 C.F.R. § 3.303. In evaluating a claim for disability benefits, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107. 2006 VA treatment notes reflect a diagnosis of osteoarthritis of the cervical spine. 09/02/2021, CAPRI, pp. 612, 618. In June 2017 a VA examiner confirmed a diagnosis of degenerative arthritis of the cervical spine. 06/28/2017, C&P Exam, p. 7. Arthritis is among those disabilities for which VA may presume a nexus between an in-service incurrence or event and a current disability provided there is a showing of continuity of symptomatology. 38 C.F.R. §§ 3.303(b), 3.309(a). The records reflect that during his period of active service the Veteran was assigned the duties of a "pioneer", the corresponding civilian occupation being a "woodchopper." 05/28/2013, Certificate of Release or Discharge from Active Duty. In an April 2013 opinion a private medical provider related the Veteran's report of carrying heavy loads during his period of active service, stating: "[carrying heavy loads] puts a lot of stress at the column area causing inflammatory changes that promote degenerative problems in the long term." 05/07/2013, Medical Treatment Record Non-Government Facility. The private medical provider opined that the Veteran's current cervical spine disability was at least as likely as not the result of his carrying heavy loads during his active service. Id. At the June 2017 VA examination the Veteran reported that his cervical spine pain had its onset during his period of active service and had continued since then. 06/28/2017, C&P Exam, p. 1. The Board finds that the evidence is at least in equipoise as to both whether the Veteran's degenerative arthritis of the cervical spine is the result of his duties carrying heavy loads during his period of active service; and whether he has experienced continuous symptoms of degenerative arthritis of the cervical spine since his period of active service. As arthritis is a chronic disease under 38 C.F.R. § 3.309(a), service connection may be awarded based solely on continuity of symptomatology. See Walker v. Shinseki, 708 F.3d 1331, 1338-39 (Fed. Cir. 2013). Accordingly, the Board concludes that the criteria for entitlement to service connection for degenerative arthritis of the cervical spine have been met, and the same is hereby granted. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.309. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sametshaw, Eric C. 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.