CERVICAL SPINE LIMITATION OF MOTION

Summary

The Veteran, a Marine Corps Veteran who served from November 1987 to 1991, appeals the denial of service connection for cervical spine disability, including strain/cervicalgia and degenerative arthritis. The Veteran has a current diagnosis of cervical strain and degenerative arthritis, with treatment at the VA for cervicalgia. The Veteran consistently reported an in-service injury to his back and neck around 1988, stating he hit himself on a forklift. While service treatment records did not show neck pain treatment, they did show some back treatment, and the Veteran's statements have been consistent. Service connection for the back was previously granted. The primary issue is the nexus between the cervical condition and service or a service-connected condition. A private provider opined the cervical condition was more likely than not service-related. A VA provider concluded cervicalgia was secondary to intervertebral disc disorder. A subsequent VA examination found the congenital fusion less likely service-related, but the pinched nerves, herniated discs, and cervicalgia were found to be due to service. Resolving reasonable doubt in the Veteran's favor, the Board found the cervical spine disability reasonably began during service. Service connection for cervical spine disability, including strain/cervicalgia and degenerative arthritis, is granted.

Rationale

Current diagnosis of cervical strain and degenerative arthritis; In-service injury reported (forklift incident); Consistent statements regarding neck and back pain; Private opinion found condition more likely than not service-related; VA provider concluded cervicalgia secondary to intervertebral disc disorder; VA examination found pinched nerves, herniated discs, and cervicalgia due to service; Benefit of the doubt resolved in Veteran's favor

Full Decision Text

Citation Nr: A26036711
Decision Date: 04/21/26	Archive Date: 04/21/26

DOCKET NO. 260209-640860
DATE: April 21, 2026

ORDER

Entitlement to service connection for cervical spine disability, including strain/cervicalgia, and degenerative arthritis is granted. 

FINDING OF FACT

Resolving reasonable doubt in the Veteran's favor, his cervical disability including strain/cervicalgia, and degenerative arthritis began during active service, or otherwise related to service or his service-connected lumbar spine disability.

CONCLUSION OF LAW

The criteria for service connection for cervical disability including strain/cervicalgia, and degenerative arthritis are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service with the United States Marine Corps from November 1987 to 1991.

In the February 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the August 2025 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

When the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA For 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Board has reviewed the file and has found no such evidence at this time.

Service Connection

Generally, service connection will be granted for a disability resulting from an injury or disease caused or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013).

However, a disability, with no causal relationship ("nexus") to an in-service event can be considered service-connected by being proximately due to or aggravated by a service-connected disease or injury. 38 § C.F.R. §3.310(a)-(b).  

To establish secondary service connection there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) competent evidence establishing a link ("nexus") between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998). 

The Board notes that a non-service-connected disability proximally caused by a service-connected disability is considered part of the original condition. See 38 § C.F.R. §3.310(a).  

Furthermore, in determining whether service connection is warranted for a disability, VA is responsible for determining whether there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter. See 38 U.S.C. § 5107(b). If there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter then the benefit-of-the-doubt rule applies, but the benefit-of-the-doubt rule does not apply when the evidence persuasively favors one side or the other. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

Entitlement to service connection for cervical spine disability, including strain/ cervicalgia, and degenerative arthritis 

The Veteran has been diagnosed with cervical strain, and degenerative arthritis of the cervical
 an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter. See 38 U.S.C. § 5107(b). If there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter then the benefit-of-the-doubt rule applies, but the benefit-of-the-doubt rule does not apply when the evidence persuasively favors one side or the other. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

Entitlement to service connection for cervical spine disability, including strain/ cervicalgia, and degenerative arthritis 

The Veteran has been diagnosed with cervical strain, and degenerative arthritis of the cervical spine. See C&P Examination received November 2024. He had treatment at the VA for cervicalgia. See CAPRI received February 2023.  Therefore, the Board concludes that the Veteran has a current disability. 

The evidence also supports finding an in-service event. The Veteran reported consistently that he injured his back and neck during active-duty service. In a December 2022 VA examination, the Veteran reported that his spine condition began around 1988 during service. He stated that he hit himself on one of the forks of a forklift. He reported neck and back pain. See C&P Examination received December 2022. After that examination, the Veteran was granted service connection for his back, but not his neck. However, the Veteran continued to contend that he also injured his neck during service. The Board notes that the Veteran was granted service connection for his back condition. See Rating Decision-Narrative received November 2024.  

While treatment for neck pain is not found in his service treatment records, the Veteran did have some treatment for his back in service. Moreover, the statements made by the Veteran are consistent since filing his claim.   

Therefore, the main issue before the Board is whether there is a link between the Veteran's cervical condition and his service or a service-connected condition. 

As for the opinion evidence, a private provider opined that the Veteran's cervical condition, more likely than not, began while he was in the military. See Medical Treatment Record-Non-Government Facility received June 2024. 

Additionally, in February 2023, a VA provider concluded during their treatment assessment that the Veteran's cervicalgia was secondary to his intervertebral disc disorder. See CAPRI received February 2023.  

A VA opinion was obtained in August 2025, that stated as to the congenital fusion in the Veteran's cervical spine, that it was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The opinion explained that the specific fused vertebra in the Veteran's neck was typically something that occurred during the third and eighth week of gestation. However, the examiner noted in their opinion that the pinched nerves, herniated discs, and diagnosis of cervicalgia was due to service. See C&P Examination received August 2025. 

The law is clear. When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the Veteran shall be afforded the benefit of the doubt and prevail upon the issue. 38 U.S.C. § 5107(b).

Resolving any reasonable doubt in favor of the Veteran, the Board finds that the Veteran's cervical spine disability, including strain/cervicalgia, and degenerative arthritis disability reasonably began during active military service and has continued until the present. Accordingly, the Veteran's claim for service connection for cervical spine disability including strain/cervicalgia, and degenerative arthritis is granted.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Parnell, C. E.

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.