Citation Nr: 18153840 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-39 257 DATE: November 28, 2018 ORDER Entitlement to service connection for a low back disability is granted. Entitlement to service connection for a left thumb disability is granted. FINDINGS OF FACT 1. The Veteran’s low back disability was incurred in service. 2. The Veteran’s left thumb disability was incurred in service. CONCLUSIONS OF LAW 3. The criteria for service connection for a low back disability have been met. 38 U.S.C. §§ 1110, 1154(a), 5107(b); 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for a left thumb disability have been met. 38 U.S.C. §§ 1110, 1154(a), 5107(b); 38 C.F.R. §§ 3.102, 3.303. INTRODUCTION The Veteran served on active duty from February 1980 to June 1980, from November 1990 to December 1990, from January 2002 to January 2003, from March 2003 to September 2003, and from March 2009 to April 2009, with additional periods of active duty for training. Entitlement to service connection for a low back and left thumb disability Service connection may be granted for a disability resulting from disease or injury incurred coincident with or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection on a direct basis requires evidence demonstrating: (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the claimed in-service disease or injury. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff’d per curiam, 78 F. 3d 604 (Fed. Cir. 1996) (table). The Veteran seeks service connection for a low back and left thumb disability, which he contends originated in service and continue to the present. Specifically, he alleges these conditions were the result of falling in an aircraft in 1990 during his service in Operation Desert Shield. Further, the Veteran alleges his low back disability is also related to the National Guard’s physical training requirements, to include doing sit-ups. The Veteran’s DD-214 reflects his military occupational specialty was Aerospace Propulsion Technician, Jet Engines. Further, his May 1992 DD-215 shows he served in Operation Desert Shield from November 1990 to December 1990 and was awarded the Southwest Asia Service Medal. The Board observes the Veteran’s Service Treatment Records (STRs) does not reflect reports of the claimed in-service injury or treatment for a low back or left thumb condition. Notwithstanding, in his August 2016 and September 2016 Form 9, the Veteran stated he reported his 1990 in-service injury to his immediate superior but it was not documented on his STRs because it occurred the day before they returned from Saudi Arabia and there were no doctors available at the time. The Veteran also stated that upon his return from Saudi Arabia he sought private treatment for his low back and left thumb conditions. He noted that in-service treatment was not available upon his return from Saudi Arabia or before his orders ended because the National Guard did not have full time doctors. Additionally, the Veteran’s mother and wife stated the Veteran’s left thumb was injured when he returned from his deployment to Operation Desert Shield. They also recalled the Veteran told them his injury was due to a fall he had while loading an aircraft in Saudi Arabia. The medical evidence of record reflects the Veteran has been diagnosed with conditions of the lumbar spine including degenerative disc disease, spinal stenosis, scoliosis, and radiculopathy, as well as left thumb conditions including capsuloligamentous sprain of the left thumb and degenerative change in the left basal joint. In a November 2013 letter, the Veteran’s private physician stated that extremes of physical efforts, including walking extended periods of time on cement floors, running, doing sit-ups, and the National Guard’s exercise program, would contribute to the degenerative changes seen in the Veteran’s lumbar spine and the reported back pain. After a review of the record and having resolved all reasonable doubt in favor of the Veteran, the Board finds the Veteran’s lay statements regarding his low back and left thumb injuries are relevant, competent, and credible, as they report events experienced by the Veteran. Furthermore, the Veteran’s statements are supported by the recollections of his mother and wife who observed the Veteran’s left thumb symptoms after his service in Operation Desert Shield. As such, the Veteran’s in-service low back and left thumb injuries are conceded. (Continued on the next page)   Based on the competent and credible lay statements of the Veteran, his spouse and his mother, and the positive nexus opinion provided by the Veteran’s private doctor, the Board finds that his current left thumb and low back disability had its onset in service, and thus service connection is warranted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.303. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Martinez, Associate Counsel