BVA Case 22-2229: Back

Based on the evaluation,the examiner determined that the claimed cervical spine condition is less likely than not related to military service.

However,in October 2020, the Board found the February 2020 VA examination report inadequate and remanded this claim.

Specifically,the Board found that the examiner's rationale focused on the absence of medical records,and the mere lack of medical records does not contradict the appellant's statements about her symptoms' history.

In the December 2021 decision the Board denied the claim for service connection for a neck disability,to include as secondary to the service-connected back disability.

Continuity of symptomatology may be demonstrated if a claimant can show (1) a condition noted during service;(2)postservice evidence of the same symptomatology;and (3) medical or,in certain circumstances,lay evidence of a nexus between the present disability and the postservice symptomatology.

When making factual determinations,the Board must provide a written statement of the reasons or bases for its findings.

Continuity of Symptomatology The appellant contends that the Board provided an inadequate statement of reasons or bases when it failed to address the material and favorable evidence of record,and thus failed to properly address whether service connection is warranted for arthritis of the cervical spine based on 8 continuity of symptomatology.

ppellant]has always complained of neck pain' since her fall in 1991,the appellant contends that the Board failed to provide an adequate explanation as to why it rejected these competent and credible lay statements as establishing continuity of neck pain symptoms since service.