Citation Nr: 18147375
Decision Date: 11/06/18	Archive Date: 11/05/18

DOCKET NO. 14-38 695A
DATE:	November 6, 2018
ORDER
Entitlement to service connection for a lumbar spine disorder is granted.
FINDING OF FACT
A current lumbar spine disorder is related to service.  
CONCLUSION OF LAW
The criteria for a lumbar spine disorder have been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.  
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from December 1976 to March 1977 and November 1980 to November 1984.  
A hearing before the undersigned Veterans Law Judge was held at the RO in October 2018.
The Veteran previously submitted previous claims of entitlement to service connection for a low spine disorder, which were most recently denied in a September 1994 rating decision.  In September 1997, service medical records revealing treatment for the low back in March 1977 were associated with the record.  It does not appear that these records were previously considered, and there is no indication that the records were previously unavailable.  Notably, the September 1994 rating decision only notes review of service medical records from the Veteran’s second period of service and the August 1987 rating decision and November 1987 statement of the case report that reviewed service treatment records did not reveal any notation of low back abnormality.  Resolving all doubt in favor of the Veteran, the Board finds the criteria for reconsidering the prior denial under 38 C.F.R. § 3.156(c) have been met.
1. Service connection for lumbar spine disorder
Service connection may be established for disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.  Service connection may be granted for any disease initially diagnosed after discharge, when all the evidence, including that pertinent to service, establishes the disease was incurred in service.  38 C.F.R. § 3.303(d).   
For chronic diseases listed in 38 C.F.R. § 3.309(a), (including sarcoidosis) the linkage element of service connection may also be established by demonstrating continuity of symptoms since service.  38 C.F.R. § 3.303(b); see Walker v. Shinseki, 708 F.3d 1331 (Fed.Cir. 2013). 38 C.F.R. § 3.307(a)(3) provides for presumptive service connection for chronic diseases that become manifest to a degree of 10 percent or more within one year from the date of separation from service.  
After consideration of the record, the Board finds service connection is warranted for a lumbar spine disorder, diagnosed as degenerative joint and disc disease.  The Veteran has reported low back symptoms since service, the Veteran’s spouse indicated that the Veteran experienced low back problems for the last 18 years in which she knew him, and a VA physician has reported the opinion that the back disorder is as likely as not the result of service.  The Board finds the Veteran’s history is credible, particularly as he has consistently reported in-service onset to the symptoms since his initial claim in 1986 and it is consistent with his service parachute training and the treatment records of record which show ongoing treatment since 1986.  Resolving all doubt in the Veteran’s favor, the Board finds the lumbar spine disorder is related to active service.
 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Snyder, counsel