Citation Nr: 18154286 Decision Date: 11/29/18 Archive Date: 11/29/18 DOCKET NO. 18-05 074 DATE: November 29, 2018 ORDER Entitlement to service connection for lumbar herniated intervertebral disc syndrome is granted. FINDING OF FACT The Veteran’s lumbar spine disability, diagnosed as lumbar herniated intervertebral disc syndrome, began during active service. CONCLUSION OF LAW The criteria for service connection for lumbar intervertebral disc syndrome are met. 38 U.S.C. §§ 1110, 1111, 5107(b) (2014); 38 C.F.R. §§ 3.102, 3.303(a) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S Air Force from December 1995 to September 2016. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. The March 2017 rating decision addressed 20 issues. In April 2017, the Veteran submitted a timely notice of disagreement with four issues. She was seeking a 30 percent rating for insomnia and a 10 percent rating for a right hip disability, as well as entitlement to service connection for a lumbar spine disability and a condition resulting in chronic diarrhea. An October 2017 rating decision provided the specific increased ratings she was seeking. The October 2017 Statement of the Case (SOC) continued denials of service connection for a low back disability, chronic diarrhea, and costochondritis. On her January 2018 substantive appeal, the Veteran singularly appealed her lumbar spine claim. 1. Entitlement to service connection for lumbar herniated intervertebral disc syndrome The Veteran contends that her low back pain began in service, and that she was diagnosed with herniated discs in service. A review of the record confirms the Veteran’s contentions. Service treatment records include a November 1994 pre-screening medical form where the Veteran denied a history of recurrent back pain. She again denied recurrent back pain on her December 1994 enlistment medical history. The December 1994 enlistment medical examination included a normal evaluation of her spine. As such, the Veteran entered service presumed sound as related to any condition of the spine. Beginning in October 2008, the Veteran sought treatment for low back pain in the L5 region, right side. She stated that one year prior she had bent over and felt a pain shoot across her back, but she did not seek treatment at that time. In October 2008, she bent over to pick up a piece of paper off the floor and again had sudden back pain. A lumbar x-ray was within normal limits. However, she continued to have on and off episodes of chronic back pain, and in September 2009 had an MRI of her lumbar spine. The MRI revealed central annular fissures and disc protrusions at L4-5 and L5-S1. She was diagnosed with “herniated intervertebral disc lumbar.” The Veteran underwent physical therapy and chiropractic treatment for chronic back pain for the remainder of her service, with an increase in complaints/treatment beginning in 2014. Indeed, her service treatment records are replete with complaints of chronic back pain. She also noted on post-deployment questionnaires from September 2015 that she had an increase in her low back pain symptoms while deployed to Iraq. In February 2016, she continued to complain of low back pain, with acute on chronic onset one month prior, following surgery for a right hip labral tear. On her July 2016 retirement medical history, she continued to complain of recurrent back pain with herniated discs and sciatica. The Veteran was afforded a VA examination in March 2017; however, it was inadequate. The examiner was not provided with any records for review. He found that there was no pathology to diagnose a spine disorder because x-rays of the lumbar and thoracic spine were within normal limits. The Board notes that the 2008 x-ray of her spine was within normal limits, but the 2009 MRI showed herniated discs. The examiner was not asked to provide a medical opinion. The RO continued to deny her claim based on a lack of evidence of a current disability due to the results of the March 2017 claim. However, the Veteran submitted her claim for service connection for a lumbar spine disability in April 2016, and retired from service in September 2016. Her service treatment records included complaints and treatment for ongoing chronic back pain associated with herniated discs in February 2016. As such, there was evidence of a current disability in her service treatment records. (Continued on the next page)   Given that the Veteran entered service in sound condition and developed chronic low back pain due to herniated discs in service, entitlement to service connection for lumbar intervertebral disc syndrome is warranted. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M.H. Stubbs, Counsel