Citation Nr: 18154058 Decision Date: 11/29/18 Archive Date: 11/28/18 DOCKET NO. 07-38 058 DATE: November 29, 2018 ORDER Entitlement to service connection for degenerative disc disease and degenerative joint disease of the thoracolumbar spine is granted. FINDING OF FACT The Veteran’s current low back disorder, diagnosed as degenerative disc disease and degenerative joint disease of the thoracolumbar spine, had its initial onset in service or is otherwise shown to be etiologically thereto. CONCLUSION OF LAW The criteria for entitlement to service connection for degenerative disc disease and degenerative joint disease of the thoracolumbar spine have been met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from December 1971 to April 1973. The Veteran and his spouse testified before the undersigned Veterans Law Judge in a July 2008 Travel Board Hearing. A transcript of that hearing is of record. Entitlement to Service Connection for a Low Back Disorder The first and second elements of service connection are satisfied here. See 38 C.F.R. § 3.303. An October 2006 VA examination and December 2013 MRI establish that the Veteran has degenerative joint disease of the lumbar spine and degenerative disc disease. The Veteran’s service treatment records document repeated complaints of low back pain from June 1972 to March 1973, and a diagnosis of a low back strain in September 1972. The Veteran maintains that his low back pain persisted following his separation from active service in April 1973. The record does not include medical evidence documenting treatment for persistent back pain from April 1973 to 1988, when the Veteran reported receiving medical care after entering a Florida Department of Corrections facility. In July 2008, the Veteran testified that he could not afford medical care from April 1973 to 1988 and treated his low back pain with hot baths, heating pads, lotions, over-the-counter drugs, and illicit drugs. The Board has previously found the Veteran’s reported history persistent back pain and self-treatment to be non-credible. Nonetheless, the U.S. Court of Appeals for Veteran Claims essentially found the Veteran’s testimony credible in its April 2018 memorandum decision. Thus, the record indicates that the Veteran incurred a low back disorder during active service that has persisted since his separation therefrom in April 1973. The third element of service connection is also satisfied here. Dr. D.B.M. treated the Veteran from November 2007 to February 2008 for injuries sustained in an October 2007 motor vehicle accident, and in a July 2008 letter he noted x-rays documented degenerative changes in the Veteran’s thoracolumbar spine. He concluded that these changes were more likely than not etiologically related to the low back strain diagnosed during active service. Dr. D.B.M. reasoned that degenerative changes in the Veteran’s low back predated the October 2007 motor vehicle accident, which exacerbated the Veteran’s pre-existing low back disorder. In a December 2009 letter, Dr. D.B.M. reiterated his July 2008 opinion after reviewing the Veteran’s service treatment records. While a more fulsome rationale to aid the Board’s adjudication of the Veteran’s appeal would be helpful, Dr. D.B.M. treated the Veteran, reviewed his service treatment records, and provided some explanation for his opinions. Thus, those opinions are probative. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). Indeed, Dr. D.B.M.’s opinions are the only probative evidence regarding a nexus between the current low back disabilities and the Veteran’s active service. October 2006, June 2010, November 2013, and April 2015 VA examinations and a February 2016 VA medical opinion have all been deemed by the Court to be inadequate. They hold no probative value. Accordingly, the third element of service connection is satisfied. In light of the foregoing, entitlement to service connection for degenerative disc disease and degenerative joint disease of the thoracolumbar spine is granted. In closing, the Board notes two injuries that pre-dated the Veteran’s active service. First, the Veteran reported in November 1972 that roofing work performed for approximately three years before he entered active service caused back pain. The November 1972 service treatment records also note that the Veteran was involved in a motorcycle accident that aggravated his back pain during active service. A September 1971 report of medical history and the Veteran’s July 2008 testimony place the motorcycle accident prior to the Veteran’s active service. However, the Veteran’s September 1971 entrance examination does not note any back disorders; therefore, the Veteran is presumed to have entered active service in sound condition. See 38 U.S.C. § 1111; 38 C.F.R. § 3.304(b). The only evidence of the back pain prior to service is the Veteran’s self-reported history, and there is no clear and unmistakable evidence that the Veteran had degenerative joint disease, degenerative disc disease, or some other low back disorder prior to service. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Douglas M. Humphrey, Associate Counsel