Citation Nr: 0809958 Decision Date: 03/26/08 Archive Date: 04/09/08 DOCKET NO. 05-39 770 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Baltimore, Maryland THE ISSUE Entitlement to service connection for degenerative disc disease of the lumbar spine, status post laminectomy and fusion. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Bradley W. Hennings, Associate Counsel INTRODUCTION The veteran served on active duty from September 1980 to November 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. FINDING OF FACT The veteran has degenerative disc disease of the lumbar spine, status post laminectomy and fusion, due to injury during service. CONCLUSION OF LAW The veteran's degenerative disc disease of the lumbar spine, status post laminectomy and fusion, was incurred as a result of his active military service. 38 U.S.C.A. § 1131 (West 2002); 38 C.F.R. § 3.303 (2007). REASONS AND BASES FOR FINDING AND CONCLUSION Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C.A. § 1131. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease. If there is no showing of a resulting chronic condition during service, then a showing of continuity of symptomatology after service is required to support a finding of chronicity. 38 C.F.R. § 3.303(b). Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). The veteran's service medical records reflect back pain during the course of his service. Treatment records dated July 1981 show a contusion on the right lower side of back and back pain. The veteran was seen in the emergency room in December 1983 complaining of vomiting and right sided abdominal pain. Examination revealed excruciating right lower and mid quadrant pain and tenderness. An x-ray report also noted the right side pain, scoliosis of the lumbar spine, and transitional vertebra with bilateral false joint formation. The veteran had spinal fusion surgery in April 2004 for diagnosed LS-S1 discogenic disease, Grade 1 spondylolisthesis. In August 2005 a VA examiner diagnosed degenerative disc disease, lumbosacral spine and status post laminectomy and fusion. There is competent medical evidence relating the veteran's present back disability with service. The August 2005 VA examination report records the veteran's history of lower back injury in 1981 and re-injury several times in the 1980s in military service. The examiner stated he had reviewed the veteran's claims file and examined the veteran, and opined that the veteran's current back condition was as likely as not related to his service injury. The examiner noted that the veteran's symptoms clearly went back many years and indicated chronic process. The medical evidence and service records suggest that the veteran has a back disability as a result of events during service. There is no medical evidence to the contrary, indicating that the back disability is not related to service. Therefore, the Board finds that service connection for degenerative disc disease of the lumbar spine, status post laminectomy and fusion, is warranted. In reaching this conclusion, the Board has resolved all doubt in favor of the veteran. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). In light of the favorable determination contained herein, further development with regard to VA's duties to notify and assist would serve no useful purpose. See Soyini v. Derwinski, 1 Vet. App. 540 (1991). ORDER Service connection for degenerative disc disease of the lumbar spine, status post laminectomy and fusion, is granted. ____________________________________________ MARY GALLAGHER Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs