Citation Nr: 18154682 Decision Date: 12/03/18 Archive Date: 11/30/18 DOCKET NO. 16-49 627 DATE: December 3, 2018 ORDER Entitlement to service connection for a low back disability is granted. FINDING OF FACT The Veteran has arthritis of his back with evidence of continuity of symptomatology of back pain since documented in-service back pain. CONCLUSION OF LAW The criteria for service connection for a low back disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304(b). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1973 to October 1973 and August 1974 to May 1981. This appeal comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in of the St. Petersburg, Florida. Entitlement to service connection for a low back disability The Veteran contends that he is entitled to service connection for a low back disability, as the alleged disability is the result of an injury that occurred during training in active service. Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be established for any disease 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). Direct service connection may not be established without evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury. Caluza v. Brown, 7 Vet. App. 498 (1995). The Veteran has a current back disability, diagnosed as including arthritis at the most recent VA examination. Service medical records show ongoing complaints and treatment for low back strain. Medical treatment records dated between December 2011 and August 2013 note ongoing complaints of back pain. In a July 2013 VA back examination, the examiner acknowledged the Veteran’s reported in-service low back strains and noted that “repeated strains of the back or any joint can predispose one to arthritis later in life.” The examiner noted the scarce records of treatment following service, but also noted that the Veteran was laid off from civilian employment due to inability to perform work duties due to back pain. The examiner, a nurse practitioner, opined that the current low back disability was less likely due to October 12, 1973, treatment for back pain, but noted several complaints of back strain during service. In a September 2013 statement, the Veteran asserted that he has experienced back pain since service, but did not have the resources to seek medical treatment. The Board finds that the Veteran has credibly asserted a continuity of symptomatology of low back symptoms since service. The September 2013 examiner found that repeated strains can predispose a Veteran to arthritis later in life. The examiner’s opinion seems contradictory. The examiner found that the back disability was not related to a single instance of back strain in service on October 12, 1973. However, the examiner also noted that repeated back strains can predispose one to arthritis later in life and noted that the Veteran had several complaints of back strain during service. The Board finds that considering the Veteran’s credible statements of continuity of symptomatology since service, and the somewhat contradictory opinion of the VA examiner, that it is at least as likely as not that a current low back disability is related to service. Accordingly, resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for a low back disability, is warranted and is granted. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107; 38 C.F.R. § 3.102 Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. D. Cross, Associate Counsel