Citation Nr: 18153462 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 16-20 757 DATE: November 27, 2018 ORDER Entitlement to service connection for lumbar facet arthropathy (low back disability) is granted. FINDING OF FACT The Veteran’s current low back disability is related to his in-service injury. CONCLUSION OF LAW The criteria for entitlement to service connection for a low back disability have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1967 to October 1971. This case comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri which, among other things, denied service connection for residuals of a lower back injury. In August 2014, the Veteran filed his notice of disagreement, was issued a statement of the case in March 2016, and in May 2016 perfected his appeal to the Board. On November 1, 2018 the Veteran appeared at a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has not yet been associated with the claims file, but is not necessary for a decision on the claim. 1. Entitlement to service connection for a back disability The Veteran contends that his current low back disability is the result of a low back injury which was sustained in service in October 1969. The Veteran stated that following the injury, he was sent to sick call and x-rays indicated severe bruising and swelling around the vertebrae, and some neuropathy/ radiculopathy. He stated that his lower back symptoms have been chronic and continuous since his in-service injury and stated his physician indicated the current degenerative changes are consistent with the in-service injury and progression of his symptoms. Service connection will be granted if the evidence demonstrates that current disability resulted from a disease or injury incurred in active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection generally requires competent evidence of three things: (1) current disability; (2) in-service incurrence of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018). Consistent with this framework, service connection is warranted for a disease first diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). The Veteran’s DD-214 indicates the Veteran served as a Field Radio Operator and is a recipient of the Combat Action Ribbon; thus he is presumed to have engaged in combat with the enemy. Service treatment records from October 1969 note the Veteran was treated for a lumbosacral spine injury. The Veteran’s June 1970 extension of enlistment medical examination report more than a year prior to discharge is normal with no indication of any back pain or injury. The Veteran stated however that this medical examination report was a visual examination with no diagnostic tests or x-rays conducted. March 2012 private treatment records note the Veteran was treated for low back pain assessed as lumbar facet arthropathy which the Veteran stated has been ongoing for years since being thrown from a horse in service. A February 2014 statement submitted by the Veteran’s wife indicated the Veteran was injured in October 1969 after being thrown off a horse. She stated that the Veteran now suffers from constant back pain which he used to try to ignore as he was taught to put others first and not complain as a Marine and Vietnam Veteran. The Veteran submitted an additional statement in February 2014 which recalled the horse riding accident that initially caused his low back disability, and discussed a Spring 1970 injury in service during a regimental field problem when he was launched off a tank. In an August 2014 letter, the Veteran’s private physician opined that the Veteran’s chronic back condition should as likely as not or more likely than not be deemed linked to a fall which resulted in a spinal injury during active duty military service. He stated the Veteran’s severe fall in 1969 caused severe pain and that it is common for such a fall to precipitate degenerative changes that become progressively severe over time. The physician added that the progression of the Veteran’s back disability is consistent with the progression from self-managing symptoms to requiring specialized care, and noted the Veteran does not suffer from arthritis or degenerative joint disease otherwise. The Veteran has provided competent and credible lay evidence of an in-service injury, stating he sustained injuries to his back due to a fall in service, a claim that is corroborated by the Veteran’s spouse. There is no evidence in the record that shows the Veteran or his spouse lack credibility, and service treatment records also note treatment for a lumbosacral spine injury. In addition, the evidence of record indicates treatment for the Veteran’s currently diagnosed lumbar facet arthropathy. Therefore, the first 2 elements for establishing service connection have been satisfied. The Veteran’s private physician in his August 2014 letter stated the Veteran’s current disability was consistent with the progression of the type of injury the Veteran sustained while in service, and was as likely as not linked to the fall which resulted in the spinal injury during active duty military service. The Veteran’s private physician provided a sound and complete rationale to support his opinion following a review of the Veteran’s claims file, thus the opinion is afforded significant probative weight. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). There is no contrary opinion regarding the etiology of the Veteran’s low back disability in the evidence of record. For the foregoing reasons, a preponderance of the evidence reflects that the criteria for service connection for lumbar facet arthropathy have been met. Entitlement to service connection for lumbar facet arthropathy is therefore warranted. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Maddox, Associate Counsel