Citation Nr: 1007361	
Decision Date: 02/26/10    Archive Date: 03/05/10

DOCKET NO.  07-29 704	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) 
in Milwaukee, Wisconsin



THE ISSUE

Entitlement to service connection for degenerative arthritis 
of the lumbar spine.



REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of 
the United States



WITNESS AT HEARING ON APPEAL

The Veteran




ATTORNEY FOR THE BOARD

S. Finn, Associate Counsel


INTRODUCTION

The Veteran served on active duty in the United States Army 
from July 1968 to August 1971.  He is shown to have served in 
the Republic of Vietnam.  His awards and decorations have 
been reported to include the CIB, the Silver Star, the Bronze 
Medal and the Air Medal.  

This matter comes before the Board of Veterans' Appeals 
(Board) on appeal from an April 2006 rating decision issued 
by the RO.  
 
In September 2008, the Veteran testified at a hearing at the 
RO before the undersigned Veterans' Law Judge.  A transcript 
of that hearing has been associated with the claims file.  


FINDING OF FACT

The currently demonstrated low back degenerative changes are 
shown as likely as not to be due to pattern of recurrent 
injuries that began while the Veteran was on active duty that 
included heavy lifting and strenuous due in connection with 
his participation in combat with the enemy in the Republic of 
Vietnam.  


CONCLUSION OF LAW

By extending the benefit of the doubt to the Veteran, his 
disability manifested by low back degenerative changes is due 
to disease or injury that was incurred in active service.  38 
USCA 1110, 1131 5107 (West 2002 & Supp. 2009); 38 CFR 3.303 
(2009).


REASONS AND BASES FOR FINDING AND CONCLUSION

The service treatment records reflect that the Veteran had an 
abnormal spine, namely mild lumbar lordosis upon enlistment 
into the military.  (See September 1950 Enlistment 
Examination).  

A March 1969 service treatment record noted complaints of low 
back pain.  
The Veteran appeared to have injured his back while lifting 
an object.  An examination revealed muscle spasms.  The X-
rays studies of the L-S spine were negative.  A July 1971 
separation examination reflects that the Veteran had a normal 
clinical evaluation of the spine.  

The Veteran asserts that he sought chiropractic treatment 
from the 1970's to 1997, but that the records were not 
available (destroyed after 7 years).  Post-service treatment 
records dated from June 1989 to January 1999 show treatment 
for chronic low back pain and radicular symptoms.  

The Veteran underwent a VA examination in February 2006.  The 
VA examiner diagnosed the Veteran with degenerative arthritis 
of the lumbar and sacral spine (L4 through the upper sacrum).  
The VA examiner opined that it was less likely than not that 
the Veteran's condition was caused by or the result of 
service.  

His rationale was based on the Veteran's service treatment 
records, prior military service, and lack of documentation of 
treatment since service.  However, the VA examiner did not 
address the Veteran's credible lay assertions and the highly 
probative lay statements submitted in support of the 
Veteran's claim.  

Significant, this competent evidence tends to establish the 
presence of chronic low back manifestations in service and a 
continuity of symptomatology and treatment thereafter. 

In reviewing the entire record, the Board finds the evidence 
to be in relative of equipoise in showing that the current 
lower back degenerative changes as likely as not are due to 
recurrent injuries that began in connection with his 
performing heavy lifting and strenuous activity during 
service including as part of his duties in performing combat 
with the enemy in the Republic of Vietnam.  

Accordingly, in resolving all reasonable doubt in the 
Veteran's favor, service connection for low back degenerative 
changes is warranted.  

To the extent that the action taken hereinabove is fully 
favorable to the Veteran, a discussion of VCAA is not 
required.  


ORDER

Service connection for degenerative changes of the lower back 
is granted.  


____________________________________________
STEPHEN L. WILKINS
Veterans Law Judge, 
Board of Veterans' Appeals




 Department of Veterans Affairs