Citation Nr: 18145637 Decision Date: 10/30/18 Archive Date: 10/29/18 DOCKET NO. 10-42 924 DATE: October 30, 2018 ORDER Service connection for degenerative disc disease of the lumbar spine is granted. FINDING OF FACT The probative evidence of record favors a finding that the Veteran’s current degenerative disc disease of the lumbar spine is related to an injury that occurred in-service. CONCLUSION OF LAW The criteria for service connection for degenerative disc disease of the lumbar spine have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1986 to August 1995. Service connection for degenerative disc disease of the lumbar spine Service connection will be granted for a disability resulting from disease or injury incurred in service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection requires competent evidence showing: (1) a present disability; (2) in-service incurrence or aggravation of disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Circ. 2004). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. 5107; 38 C.F.R. 3.102. See Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). The Veteran is seeking service connection for degenerative disc disease of the lumbar spine incurred after suffering from multiple back injuries during service, to include while serving as a human research volunteer for G-force testing during his active service. In pertinent part, the service treatment records show the Veteran suffered from a mild back strain in 1987, a soft tissue strain in 1988, a severe mid back strain in May 1989, an acute back strain in September 1989 and a lumbar muscle strain after falling from a curb in October 1989. Service treatment records also show the Veteran was stationed at the Naval Biodynamics Laboratory from 1986 to 1988 as a human research volunteer. The Veteran provided an article from 1987 detailing a typical day for volunteers in the G-force programs. While laying on their spine volunteers were strapped to a chair that made quick jolt like movements, rocked, and shot backwards. The Veteran was a part of this program for two years and believes it was directly related to his current diagnosis. During his discharge exam in 1995 the Veteran stated he was in poor health and checked the boxes for recurrent back pain, swollen joints and pain. The examiner noted intermittent back pain. The diagnosis of degenerative disc disease (DDD) of the lower lumbar spine at the L4-5 and L5-S1 was made in 2007, and confirmed by VA examiners in 2017. The Veteran’s private medical records show two lumbar surgical procedures in 2009 and 2011. The record contains conflicting evidence addressing the question of whether the Veteran's degenerative disc disease of the lumbar spine is etiologically related to service. Against the Veteran’s claim is the opinion of the November 2017 VA orthopedic examiner, who opined that it was less likely than not that the Veteran’s DDD was incurred in or caused by in-service injuries or G-force testing. By way of rationale, the examiner noted that no medical records were available between discharge from service in 1995 and 2007 when the Veteran was diagnosed. The examiner also referenced results of the 2007 private examination suggesting that the Veteran’s back pain had started three months prior. In favor of the Veteran’s claim is the opinion of the October 2017 VA examiner and the Veteran’s private physician. The VA examiner opined that it was at least as likely as not that the Veteran’s DDD was incurred in, or caused by in-service injuries or G-force testing. The examiner specifically noted that the Veteran’s record clearly indicated a back condition while in service that progressed overtime after service. The examiner further noted that the Veteran was exposed to a great amount of force and pressure to the back and spinal column as a G-force tester which put him at a significant risk of developing disc disease of the back. The Veteran previously submitted an August 2010 private opinion by his civilian orthopedic physician in which the physician similarly opined that the Veterans DDD was the result of the Veteran’s service. The physician stated G-force testing consisted of force equal to a motor vehicle collision at 35 mph which is known to cause chronic lower spine pain. The physician concluded there was a strong possibility that with over 18 months of impact forces on the low spine the Veteran suffered micro trauma creating weakness in the column and leading to chronic degenerative spine condition. The Veteran has provided competent and credible lay statements indicating that he has experienced gradually worsening back pain since service. In contrast to the November 2017 VA examiner’s negative nexus opinion, the positive nexus opinions by the October 2017 VA examiner and the Veteran’s private physician takes into consideration the Veteran’s competent reports of ongoing worsening back pain symptomatology. Accordingly, the Board affords both positive opinions great probative weight. Taking into account (1) the nature of the in-service injuries and G-force testing articulated by the Veteran and supported by the service treatment records; (2) the positive and negative medical opinions evidence of record, to include the Veteran's private physician's August 2010 indication that the Veteran's degenerative disc disease of the lumbar spine was specifically due to in-service G-force testing; as well as (3) the Veteran's competent and credible reports as to the progression of his back pain since service, the Board finds that the evidence most probative favors a finding that the Veterans current degenerative disc disease of the lumbar spine is related to his in-service back injuries. Accordingly, the benefit sought on appeal is granted. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. DuPree, Associate Counsel