Citation Nr: 18150118 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-07 385 DATE: November 14, 2018 ORDER Service connection for lumbosacral or cervical strain condition is granted. FINDING OF FACT The Veteran’s lumbosacral or cervical strain condition began during active service. CONCLUSION OF LAW The criteria for service connection for lumbosacral or cervical strain condition are met. 38 U.S.C. 1131; 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1978 to September 1986. The case is on appeal from an August 2012 rating decision. 1. Service connection for lumbosacral or cervical strain condition Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. 1110; 38 C.F.R. 3.303. Further, service connection may be granted for any disease initially diagnosed after service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Analysis The Veteran contends that his current lumbosacral or cervical strain condition was caused or it is related to his military service. In support of his claim, the Veteran asserts that his back problems began since he started climbing communications towers in the Army. He also points out a specific incident when, while stationed in Fort Huachuca, Arizona, he was climbing a communications tower and his safety belt injured his back. The Veteran’s Service Treatment Records (STR’s) reflect that on May 22, 1980, the Veteran reported to his unit’s aid station complaining of pain in the left side of his back. He asserted being hit by the handle of an entrenching tool. The examiner noted that his back was swollen and that there was an evident red mark of about eight inches long. The Board notes that STR’s do not reflect any other episode or episodes of back pain or complaints throughout his active duty service, including his separation medical exam dated June 1986, in which the Veteran reported he did not have any recurrent back pain. Nonetheless, a review of the Veteran’s lay statements reflects his exposure to repeated trauma from the climbing belt used to climb telephone poles to install cables, as part of his responsibilities as a Wire System Installation Operator (MOS 36C). The Veteran stated he “had to climb towers up to 100ft in the air [by] us[ing] a climbing belt. He also asserts that his back was his only resort to lean against with his climbing belt when repairing or building communications towers. The Veteran added he has continued to have problems with his back since his repeated trauma in his back while in the Army. Lay statements also account for difficulty getting out of bed, requesting help from his wife to cope with daily activities, and the need to take medications every day for pain. A review of his VA treatment records shows that in October 2006, the Veteran complained of mild low back pain. However, it was not until July 2010, when x-rays were ordered to determine the origin of his back pain. The results revealed normal alignment of vertebral bodies, disk spaces were intact, and no spondylolisthesis or spondylolysis. The examiner added there was some slight sclerosis along the SI joints but the lumbar spine was normal. The Veteran was afforded a VA examination in September 2012, in which he reported that the condition began when he developed pain with no known trauma. Upon examination, the Veteran was scheduled for x-rays. The radiography results revealed that the Veteran had chronic disc space narrowing at L4-5 and L5-S1 with associated degenerative arthritic changes with no acute abnormality noted. Based on the overall examination and review of the medical record, the examiner opined that the claimed condition “was less likely than not incurred in or caused by the claimed in-service injury, event, or illness.” Her rationale was that “he represents with low back pain on the left side while on active duty. He was hit by a tool handle. Assessment was contusion. The trauma, (contusion) is unlikely to progress or cause degenerative joint disease of lumbar area”. However, the VA examiner went on to find that the “[l]ow back condition most likely developed over time as a result of extensive exercises during military service.” This positive opinion appears uncontradicted. The Board points out that although the VA examiner also provided the negative opinion, it appears to have been limited to the finding that the current diagnosis is not related to the injury shown in the STR’s, where the Veteran was hit with an entrenching tool. To that extent, the Board takes into consideration the Veteran’s lay statements in support of his claim. After considering his arguments, particularly in regard to the onset of his current disability, the Board finds them persuasive, convincing and credible. Additionally, the Board finds the examiner’s note in her medical opinion persuasive as it is consistent with the circumstances of the Veteran’s eight years of service, including his duties as a “Wire System Installation Operator. (Continued on the next page)   In light of the findings and the evidence discussed above, the Board finds that the Veteran’s lumbosacral or cervical strain condition is related to service. This is particularly so when reasonable doubt is resolved in the Veteran’s favor. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Therefore, service connection for lumbosacral or cervical strain condition is warranted. C. BOSELY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD William Pagan, Associate Counsel