DEGENERATIVE ARTHRITIS

Summary

The Veteran, who served in the United States Air Force from February 2006 to January 2017, appeals decisions denying service connection for radiculopathy of the right and left lower extremities and seeking service connection for a cervical spine condition. The Board granted service connection for a cervical spine condition, finding it was incurred during service and that the Veteran's intent to claim this condition was reasonably encompassed by his claim for a "neck condition" and "cervical radiculopathy/neuropathy." The Board also granted service connection for bilateral upper extremity radiculopathy as secondary to the newly service-connected cervical spine condition, based on a February 2016 Disability Benefits Questionnaire noting this diagnosis. However, the claims for radiculopathy of the right and left lower extremities were remanded. The Board noted the Veteran's most recent VA back examination in January 2016 did not diagnose bilateral lower extremity radiculopathy. Therefore, a remand is necessary for a VA neurological examination to determine if the Veteran currently has lumbar radiculopathy secondary to his service-connected back condition, and if so, to assess its nature and severity.

Rationale

Incurred during service; Reasonably encompassed by claim; Resolved reasonable doubt in favor

Full Decision Text

Citation Nr: 26005110
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 20-28 244
DATE: April 30, 2026

ORDER

Service connection for a cervical spine condition to include radiculopathy of the bilateral upper extremities is granted.

REMANDED

Service connection for radiculopathy of the right lower extremity is remanded.

Service connection for radiculopathy of the left lower extremity is remanded.

FINDINGS OF FACT

1. The Veteran's cervical spine condition was incurred during his active-duty service.

2. The Veteran's radiculopathy of the right upper extremity is secondary to his now service-connected cervical spine condition.

3. The Veteran's radiculopathy of the left upper extremity is secondary to his now service-connected cervical spine condition.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for a cervical spine condition have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.

2. The criteria for service connection for radiculopathy of the right upper extremity as secondary to the Veteran's now service-connected cervical spine condition have been met.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303, 3.310.

3. The criteria for service connection for radiculopathy of the left upper extremity as secondary to the Veteran's now service-connected cervical spine condition have been met.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from February 2006 to January 2017.  These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

For his meritorious service, the Veteran was awarded (among other decorations) an Iraq Campaign Medal with Two Service Stars, an Air Force Overseas Ribbon Long, and an Air Force Expeditionary Service Ribbon with a Gold Border and Oak Leaf Cluster.

These issues were previously before the Board in July 2024, March 2025, and August 2025.

Service Connection

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a).  Service connection requires competent evidence showing: (1) the existence of a present disability; (2) an 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, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995).

A claim will be denied if the evidence persuasively weighs against the claim.  38 U.S.C. § 5107; 38 C.F.R. § 3.102; see Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side, or another is the benefit of the doubt doctrine not for application).  Any reasonable doubt regarding the degree of disability should be resolved in favor of the claimant.  38 C.F.R. § 3.102.

1. Service connection for a cervical spine condition is granted.

Generally, "when a veteran has two diagnoses with separate factual bases, these diagnoses should be treated as two separate claims."  Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (citing Boggs v. Peake, 520 F.3d 1330, 1336 (Fed. Cir. 2008)).  However, a claim for service connection may be expanded beyond a veteran's lay description of a disability to include any disability "that may reasonably be encompassed by several factors including: the claimant's description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim."  Clemons, 23 Vet. App. at 5.  "[T]he claimant's intent in filing a
 983 F.3d 1313, 1318 (Fed. Cir. 2020) (citing Boggs v. Peake, 520 F.3d 1330, 1336 (Fed. Cir. 2008)).  However, a claim for service connection may be expanded beyond a veteran's lay description of a disability to include any disability "that may reasonably be encompassed by several factors including: the claimant's description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim."  Clemons, 23 Vet. App. at 5.  "[T]he claimant's intent in filing a claim is paramount to construing its breadth."  Id.  To effectuate that intent, "VA shall afford lenity to a veteran's filings that fail to enumerate precisely the disabilities included within the bounds of a claim," which "is best accomplished by looking to the veteran's reasonable expectations in filing the claim and the evidence developed in processing that claim."  Murphy, 983 F.3d at 1318. "[T]he fact that the [claimant] may be wrong about the nature of [their] condition does not relieve the Secretary of his duty to properly adjudicate the claim."  Clemons, 23 Vet. App. at 6.  See Grimes v. McDonough, 34 Vet. App. 84 (2021) (holding that a claim for service connection may encompass a related condition that is initially referenced by the claimant but not diagnosed until later in the appeal period, regardless of whether the claim is initially granted or denied by the RO).

Regarding this, the Board acknowledges the Veteran did not include the issue of service connection for a cervical spine condition on his March 2017 Notice of Disagreement; however, on his September 2015 claim form, he indicated he was seeking service connection for a "neck condition" in addition to "cervical radiculopathy/neuropathy."  As such, it is reasonable to surmise, the Veteran intended his claim for cervical radiculopathy to encompass a claim for service connection for a cervical spine condition as both issues are intertwined.

Accordingly, the Board will proceed with the merits of these claims.  As to a current diagnosis, a February 2016 Neck Conditions Disability Benefits Questionnaire notes diagnoses of intervertebral disc syndrome and cervical spasms.  As such, the first Shedden element is met.

As to an in-service event, at his February 2016 VA cervical spine examination, the Veteran reported the date of onset of his symptoms was 2012 after he turned his neck, and it locked up.  Further, due to the Veteran's combat status, an in-service event or injury as to his cervical spine is presumed.  38 U.S.C. § 1154 (b).

Regarding whether service connection is warranted, the Board observes the Veteran had active duty from February 2006 to January 2017.  Further, a February 2016 Neck Conditions Disability Benefits Questionnaire notes diagnoses of intervertebral disc syndrome and cervical spasms.  At his VA examination, the Veteran reported his symptoms related to his neck began in 2012.  As such, the Board will resolve reasonable doubt in the Veteran's favor as to whether service connection is warranted.

The Board acknowledges the negative nexus opinions of record; however, a review of these opinions show they do not adequately address the favorable evidence as outlined in the prior paragraph.

Accordingly, service connection for a cervical spine condition is granted.  38 C.F.R. 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).

2. Service connection for radiculopathy of the right upper extremity is granted.

3. Service connection for radiculopathy of the left upper extremity is granted.

A claim for secondary service connection requires medical evidence that connects the asserted secondary disability to the service-connected disability.  Velez v. West, 11 Vet. App. 148, 158 (1998).  To establish entitlement to service connection on this secondary basis, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical evidence establishing a link between the service-connected disability and the current disability.  See Wallin v. West, 11 Vet. App. 509, 512 (1998).

Regarding this, the Board observes the February 2016 Neck Conditions Disability Benefits Questionnaire notes a diagnosis of radiculopathy of the bilateral upper extremities.

Accordingly, in this case, the medical evidence indicates the Veteran's radiculopathy of the bilateral upper extremities are secondary to his now service-connected cervical spine condition
148, 158 (1998).  To establish entitlement to service connection on this secondary basis, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical evidence establishing a link between the service-connected disability and the current disability.  See Wallin v. West, 11 Vet. App. 509, 512 (1998).

Regarding this, the Board observes the February 2016 Neck Conditions Disability Benefits Questionnaire notes a diagnosis of radiculopathy of the bilateral upper extremities.

Accordingly, in this case, the medical evidence indicates the Veteran's radiculopathy of the bilateral upper extremities are secondary to his now service-connected cervical spine condition, and thus, entitlement to service connection for radiculopathy of the bilateral upper extremities as secondary to the now service-connected cervical spine condition is warranted.  38 C.F.R. 3.102; Gilbert, supra.

REASONS FOR REMAND

1. Service connection for radiculopathy of the right lower extremity is remanded.

2. Service connection for radiculopathy of the left lower extremity is remanded

Initially, the Board observes the Veteran is service connected for a thoracolumbar strain.  See January 2026 Rating Decision - Codesheet.  The Board further observes it appears the Veteran's most recent VA back examination was in January 2016, and at that examination, the examiner indicated the Veteran did not have a diagnosis of bilateral lower extremity radiculopathy.  As indicated above, a claim for secondary service connection requires medical evidence that connects the asserted secondary disability to the service-connected disability.  Velez, supra.

The existence of a current disability is the cornerstone of a claim for VA disability compensation.  38 U.S.C. § 1110; See Degmetich v. Brown, 104 F. 3d 1328, 1332 (1997).  Evidence must show the Veteran has the disability for which benefits are being claimed.  However, while the Veteran may not have had bilateral lower extremity radiculopathy at the time of the January 2016 VA back examination, the current disability requirement is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim.  See McLain v. Nicholson, 21 Vet. App. 319, 321 (2007).  As such, on remand, the Veteran should be provided with a VA neurological examination to determine whether the Veteran has a current disability of bilateral lower extremity radiculopathy.

These matters are REMANDED for the following action:

Schedule the Veteran for a VA neurological examination to determine whether the Veteran has a diagnosis of lumbar radiculopathy secondary to his service-connected back condition and if so, the nature and severity of any lumbar radiculopathy.

The Veteran's claims file, including a copy of this REMAND, must be made available to and reviewed by the examiner in conjunction with the examination.  The examiner must note in the examination report the evidence in the claims file has been reviewed.

The appropriate Disability Benefits Questionnaire should be filled out.

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If applicable, the examiner should describe the severity, frequency, and duration of all symptoms associated with any lumbar radiculopathy.

The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached.

 

 

Thomas L. English

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.