Citation Nr: 22040643 Decision Date: 07/15/22 Archive Date: 07/15/22 DOCKET NO. 17-66 515 DATE: July 15, 2022 ORDER Service connection is granted for a cervical spondylosis. FINDING OF FACT The Veteran's neck pain began during service and is related to overuse during service. CONCLUSION OF LAW The criteria for entitlement to service connection for a cervical spondylosis have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1984 to April 1998. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO). In a July 2020 rating decision, service connection for lumbar spondylosis was granted. This represents a full grant of the benefits sought, and the issue is no longer in appellate status. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). The record contains no indication that the Veteran has disagreed with the initial rating or effective date assigned, thus, those matters are not in appellate status. See Grantham, 114 F. 3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of "downstream" elements such as the disability rating or effective date assigned). Additional VA medical records have been associated with the claims folder since the claim was last adjudicated in a July 2020 supplemental statement of the case (SSOC) and no waiver of initial consideration from the Agency of Original Jurisdiction (AOJ) has been received. Given the favorable decision below, the Veteran is not prejudiced by the Board proceeding herein Service connection for a neck condition The Veteran contends that his neck condition is a result of injury from performing duties as a mechanic during his military service. The Veteran stated he worked in and under most wheeled vehicles and had to carry on average a 70-pound toolbox with parts. The Veteran explained there were no carts to assist with moving heavy equipment and often his work was performed on a concrete pad. The Veteran stated this caused the injuries to his neck and back. Service connection may be granted for disability caused by disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. To establish service connection for a claimed disability, there must be evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the claimed in-service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247 (1999). The Board concludes that the Veteran has a current disability, cervical spondylosis, that is related to overuse injury during his military 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). The Veteran's military occupational specialty (MOS) showed he worked as a mechanic. A February 1988 STR showed the Veteran complained of neck pain without injury. A December 2019 VA examination report contains a diagnosis of cervical spondylosis. The VA examiner provided a positive causal link between lumbar spondylosis and the Veteran's service. The examiner specifically noted the Veteran's MOS as a cause. However, the examiner opined cervical spondylosis was less likely than not related to service. The examiner noted the complaint of neck pain but state that it could not be attributed to service. The examiner explained the current condition could be caused by aging, injury, or overuse. The examiner then stated there was no evidence of overuse or injury. In the report of medical history the examiner noted the Veteran's reports of overuse as a mechanic and noted that as the onset of the Veteran's neck pain. (Continued on the next page) The Board finds service connection is warranted for cervical spondylosis. First, there is a current diagnosis noted in the December 2019 VA examination. Second, the Veteran complained of neck pain while on active duty. Lastly, the most probative evidence of record shows the Veteran's cervical spondylosis began during service and is related to service. The Board affords no probative weight to the December 2019 VA opinion regarding the Veteran's neck. The examiner stated there was no evidence of overuse but documented overuse in the Veteran's medical history. Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (a medical opinion based on an inaccurate factual premise has no probative value). The Board finds the Veteran's statements competent and credible because they are consistent with the record and the nature of his service. See 38 U.S.C. § 1154 (2012); Caluza v. Brown, 7 Vet. App. 498, 511 (1995). Additionally, the Board finds the examiner's opinion regarding the lumbar spondylosis persuasive. The examiner referred to the Veteran's MOS in the rationale for the positive opinion. Notably, the examiner considered the Veteran's statements regarding lumbar overuse for lumbar spondylosis. It is unclear why the examiner ignored those statements when the Veteran discussed his neck. Notably, the examiner conceded overuse can cause spondylosis. Accordingly, the Board finds service connection is granted for cervical spondylosis. J. L. Murray Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Whipple, 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.