Citation Nr: 18140985
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 15-18 688
DATE:	October 9, 2018
ORDER
Entitlement to degenerative joint disease of the lumber spine is granted.
FINDING OF FACT
The Veteran's degenerative joint disease of the lumbar spine is related to his active service.
CONCLUSION OF LAW
The criteria for service connection for degenerative joint disease of the lumbar spine have been met. 38 U.S.C. §§ 1101, 1110, 1131, 1154, 5107; 38 C.F.R. § 3.303, 3.304.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from April 1967 to April 1969. 
This matter is before the Board of Veterans' Appeals (Board) on appeal of a March 2013 rating decision of the Department of Veterans Affairs (VA). 
The Veteran appeared at a hearing before the undersigned Veterans Law Judge in May 2016. A transcript of the hearing is in the Veteran's file.
The issue was remanded by the Board in August 2016 and September 2017 for further development. 
With respect to the Veteran's claim decided herein, VA has met all statutory and regulatory notice and duty to assist provisions. See 38 U.S.C. § 5100, 5102, 5103, 5103A, 5106, 5107, 5126; 38 C.F.R. § 3.102, 3.156(a), 3.159, 3.326; see also Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015).
Entitlement to a low back condition
The Veteran contends that he has a low back condition related to his military service.
To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a).
The question for the Board is whether the Veteran has a back disorder that is etiologically related to, or aggravated by, an in-service disease or injury. 
The Board finds that competent, credible, and probative evidence establishes that the Veteran's chronic back disorder is etiologically related to the Veteran's active service.
VA medical treatment records note the Veteran with degenerative joint disease of the lumbar spine. (See March 2017 VA examination).
Service treatment records dated in April 1967 shows that the Veteran complained of back pain with lower extremity radicular symptoms.
Post service private medical record dated in January 1986 show a diagnosis of chronic mechanical low back pain. A November 2002 private medical record shows an impression of chronic low back pain with intermittent lumbar radiculopathy and spinal stenosis. Private medical records dated in 2011 reflect that the Veteran received several caudal epidural steroid injections for lumbar radiculopathy pain.
In compliance with the September 2017 remand VA obtained a supplemental medical opinion in April 2018. The examiner opined that the Veteran’s claimed back condition is less likely than not incurred in, caused by, or manifested itself during the Veteran’s active military service. While noting the Veteran’s in-service treatment the examiner relied, in part, on the lack of continuous medical treatment records during service and post service. In doing so, the examiner failed to adequately consider the Veteran’s credible and consistent testimony that his back condition began in service and has been continuous throughout the years. As such, the Board finds the April 2018 medical opinion to be inadequate as its rationale is based on the lack of medical treatment and fails to appropriately consider competent and credible lay statements of the Veteran.
In light of the Veteran's confirmed in-service incurrence, the probative objective clinical medical evidence, and his credible and competent statements in support of the claim, the Board finds that the evidence is at least in equipoise regarding service connection for degenerative joint disease of the lumbar spine and will resolve reasonable doubt in favor of the Veteran. See 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Accordingly, service connection for 
 
degenerative joint disease of the lumbar spine is granted. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990).

 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Brandon A. Williams, Counsel