DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The Veteran, a veteran who served from January 1986 to December 1995, appeals the denial of service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy. The Veteran had previously been service-connected for degenerative arthritis of the cervical spine, but this entitlement was severed in September 2019. The Board reviewed evidence including a March 2020 private medical opinion from Dr. R.M., a VA Neck (Cervical Spine) Conditions examination from October 2018, and the Veteran's testimony from a July 2024 Board hearing. The Board found the October 2018 VA opinion inadequate because it was conclusive, failed to address secondary aggravation, and was only concerned with secondary service connection. In contrast, Dr. R.M.'s March 2020 opinion, supported by the Veteran's service records and testimony, detailed the physical demands of wearing heavy protective equipment during service, linking these to the Veteran's cervical spine disability. Dr. R.M. concluded that the physical demands of service were more likely than not what precipitated the underlying cervical spine disability. The Veteran's testimony regarding the weight of equipment and protective gear was found credible and probative. An August 2024 update from Dr. R.M. reiterated that service was the primary driver of the degenerative spine conditions. The Board found the private opinions persuasive and the evidence weighed in favor of service connection. Consequently, service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy was granted.

Rationale

Current diagnosis of diffuse cervical spondylosis and C3/4 disc herniation; Private medical opinion found physical demands of service precipitated condition; Veteran's testimony regarding stress on neck during service found credible

Full Decision Text

Citation Nr: A26039150
Decision Date: 04/27/26	Archive Date: 04/27/26

DOCKET NO. 201212-126709
DATE: April 27, 2026

ORDER

Entitlement to service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is granted.

FINDING OF FACT

The Veteran's diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is related to service.

CONCLUSION OF LAW

The criteria for service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1986 to December 1995.

The matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2020 rating decision by a Department of Veterans Affairs (VA) Regional Office, which is the agency of original jurisdiction (AOJ).

In the December 12, 2020, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on July 23, 2024. Therefore, the Board may only consider the evidence of record at the time of the May 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, he may file a Supplemental Claim (VA Form 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. 

Entitlement to service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is granted.

The Veteran asserts that service connection is warranted for a cervical spine disability. See March 2020 VA Form 20-0995. The Board notes that the Veteran was previously service connected for degenerative arthritis of the cervical spine. His previous entitlement was severed in a September 2019 rating decision, effective January 1, 2020. The Veteran filed a supplemental claim in March 2020 and that claim for service connection is in front of the Board in this decision.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

The Board finds that the Veteran has a current disability that is related to his active-duty 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 record in this case is clear as to whether the Veteran has a cervical spine disability. The March 2020 private medical opinion showed a diagnosis of diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy. The May 2020 rating decision made a favorable finding in this regard. The Board notes that favorable findings made by the AOJ are binding on all AOJ adjudicators as well as on the Board. 38 C.F.R
1, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).

The record in this case is clear as to whether the Veteran has a cervical spine disability. The March 2020 private medical opinion showed a diagnosis of diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy. The May 2020 rating decision made a favorable finding in this regard. The Board notes that favorable findings made by the AOJ are binding on all AOJ adjudicators as well as on the Board. 38 C.F.R. § 3.104(c). 

Thus, the question becomes whether the current diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is related to service. 

The Veteran underwent a VA Neck (Cervical Spine) Conditions examination in October 2018. The Board notes that as of the time of the October 2018 VA examination, the Veteran had specifically claimed entitlement to service connection for a cervical spine disability on a secondary basis to his lumbar spine disability. As such, the examiner's opinion was only concerned with secondary service connection. The examiner diagnosed the Veteran with spondylosis of cervical region and bilateral cervical radiculopathy. The examiner noted that the Veteran's right hand was his dominant hand. The examiner also stated that the Veteran's disability did not present him with a functional impairment. In the corresponding opinion, the examiner stated that the Veteran's cervical spondylosis is less likely than not proximately due to or the result of his lumbar spine disability. The examiner's rationale was that cervical spondylosis is due to degeneration of discs in the cervical spine, and as such it is a degenerative process which is not caused by degenerative disc disease or other conditions elsewhere in the spine, such as the lumbar spine. 

The Board notes two issues with the October 2018 VA opinion. To begin, it is conclusive. The opinion stated that because cervical spondylosis is a degenerative disability of the spine, it cannot be caused by another degenerative disability of the spine, without any explanation as to why. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). In addition, as a secondary service connection opinion, it is required for the examiner to provide an opinion as to whether the service-connected disability aggravated the claimed secondary disability. See El-Amin v. Shinseki, 26 Vet. App. 136, 140-41 (2013). The October 2018 VA opinion does not address secondary aggravation. The Board finds that the October 2018 VA opinion is not adequate or probative for a service connection analysis.

In March 2020, in support of his claim, the Veteran submitted a private opinion from Dr. R.M. prepared in July 2019. See March 2020 Medical Treatment Record-Government Facility. In his opinion, Dr. R.M. stated that the Veteran was a patient of his at the Neurosurgery clinic where he worked. Further, the doctor stated that he had personally operated on the Veteran's cervical spine and went into thorough detail regarding his surgery and disability. In addition, Dr. R.M. also reported that in providing his neurosurgical care he had become familiar with the Veteran's active duty medical history and his VA medical records. Dr. R.M. stated that the Veteran's wearing of Kevlar and other protective equipment increased the axial loading on his spine beyond normal physiologic parameters. The Board notes that the Veteran's DD Form 214 has a listed military occupational specialty (MOS) as a security journeyman, for 9 years and 11 months and he would likely have had to wear Kevlar and protective equipment in this role. In addition, the doctor noted that the Veteran was service connected for his lumbar spine and stated that the same process with similar pathophysiological mechanisms is occurring with the cervical spine. Lastly, the doctor noted that during the Veteran's surgery, it was determined that his disc herniation was calcified, which suggests that it had been there for a long time. Dr. R.M. concluded that it was his medical opinion that the physical demands placed on the Veteran during his service and noted in his records is more likely than not what precipitated his underlying cervical spine disability. 

The Veteran testified at a July 2024 Board hearing. At this hearing he discussed at length the weapons and protective equipment he had to carry as related to his MOS. He stated that throughout service, he carried either an M16 automatic rifle, a 9 millimeter caliber firearm, or when overseas
 pathophysiological mechanisms is occurring with the cervical spine. Lastly, the doctor noted that during the Veteran's surgery, it was determined that his disc herniation was calcified, which suggests that it had been there for a long time. Dr. R.M. concluded that it was his medical opinion that the physical demands placed on the Veteran during his service and noted in his records is more likely than not what precipitated his underlying cervical spine disability. 

The Veteran testified at a July 2024 Board hearing. At this hearing he discussed at length the weapons and protective equipment he had to carry as related to his MOS. He stated that throughout service, he carried either an M16 automatic rifle, a 9 millimeter caliber firearm, or when overseas, an M60 machine gun. Additionally, he stated that he would have been responsible for the ammunition for those weapons, which would have been an emergency pack of 150 rounds, an extra 200 rounds in his hand, and a can of 1,000 rounds. He stated that he would also have to wear wet gear every day including a flak vest and sometimes a helmet. If he was to be in exercise mode, he wore kit gear, with all that might potentially include. Upon questioning as to whether this totaled over 250 pounds at excess on him at all times, the Veteran responded affirmatively. The Board finds the Veteran's statements at his hearing to be thorough, credible, and probative as to the stress put on his neck during his active duty.

The Veteran submitted another statement from Dr. R.M. in August 2024. See August 2024 Medical Treatment Record. The Board notes that this is within the 

90-day window following his Board hearing, and as such, it will be considered. This statement functioned as an update that the Veteran had required an additional surgery on his cervical spine, in December 2023. Dr. R.M. stated that the cause for his surgeries was a combination of cervical spondylosis as well as cervical myelopathy with polyradiculopathy. The doctor repeated his previous statement that the Veteran's time in active-duty service was clearly the primary driver of these degenerative spine conditions and has caused significant disability.

As the private examiner that provided the March 2020 and August 2024 private opinions thoroughly reviewed the claims file, acknowledged the Veteran's contentions, and provided an explanation that contained clear conclusions and supporting data, the Board finds the opinions both probative and persuasive. See Lynch v. McDonough, 21 F.4th 776, 781-82 (2021); Nieves-Rodriguez, 22 Vet. App. at 304-05 (2008).

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Accordingly, upon review of the record, the Board finds the evidence weighs in favor of finding that the Veteran's diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is related to service. Thus, service connection for diffuse cervical spondylosis and C3/4 disc herniation causing spinal cord compression and myelopathy is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

T. V. Casey

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	McLaughlin, Paul J. Jr

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.