Citation Nr: 20003136 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 16-60 408 DATE: January 14, 2020 ORDER Entitlement to service connection for a thoracolumbar spine disorder is granted. FINDING OF FACT The Veteran’s thoracolumbar spine disorder is related to an April 1992 back injury. CONCLUSION OF LAW The criteria for entitlement to service connection for a thoracolumbar spine disorder are met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had continual active service from December 1983 to April 2004. The Veteran testified before the undersigned Veterans Law Judge in a November 2019 hearing. A transcript of that hearing is of record. In a September 2014 rating decision, a Department of Veterans Affairs (VA) Regional Office (RO) granted the Veteran’s claim of entitlement to service connection for tinnitus, and denied his claims of entitlement to service connection for hematuria, a thoracolumbar spine disorder, a right foot fracture, residuals from a cyst removal, allergic rhinitis, a left middle finger injury, urticaria, right bicipital tendonitis, and Type II diabetes mellitus. In a July 2015 notice of disagreement, the Veteran initiated an appeal regarding his entitlement to service connection for hematuria, a thoracolumbar spine disorder, a right foot fracture, residuals from a cyst removal, allergic rhinitis, a left middle finger injury, urticaria, and right bicipital tendonitis. A November 2016 rating decision granted service connection for urticaria and the residuals from the removal of a cyst, and assigned a new effective date for the grant of service connection for tinnitus. The RO issued a November 2016 statement of the case continuing the denial of the Veteran’s remaining claims. The Veteran filed an Appeal to the Board of Veterans’ Appeals (VA Form 9) in December 2016, and selected box 8.A., indicating that he opted to appeal only his entitlement to service connection for a thoracolumbar spine disorder. Accordingly, the Veteran’s other claims are not before the Board and will not be discussed further. Entitlement to Service Connection for a Thoracolumbar Spine Disorder Generally, to establish service connection, the evidence must show (1) a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009). Those requirements are met here. First, November 2019 X-ray examinations document degenerative changes in the Veteran’s thoracolumbar spine, satisfying the first requirement of service connection. See Holton, 557 F.3d at 1366. Second, the Veteran’s service treatment records document a lumbosacral strain in April 1992 with follow-up care provided in May 1992. A January 2001 examination documents the Veteran’s complaints of recurrent back pain and his use of nonsteroidal anti-inflammatory medications to manage pain. The second requirement for service connection is satisfied. See id. Third, in November 2019 treatment records, Dr. J.G.M. opined that the Veteran’s current thoracolumbar spine disorder is most likely related to the April 1992 lumbosacral injury. Dr. J.G.M. reasoned that the Veteran’s lumbar spine disorder is more debilitating than pain in the Veteran’s upper back, suggesting that the Veteran’s current disorder is not due to the natural aging process. Dr. J.G.M.’s opinion is probative of a nexus between the Veteran’s service and his current thoracolumbar spine disability. Dr. J.G.M. reviewed the Veteran’s service treatment records, physically examined the Veteran, and provided an explanation for his opinion. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). The record also includes a negative nexus opinion from a September 2014 VA examination. The Board affords that opinion no probative weight. The examiner did not have the benefit of the November 2019 X-ray examinations showing degenerative changes in the Veteran’s thoracolumbar spine. Moreover, the examiner did not consider the January 2001 service treatment records documenting the Veteran’s complaints or recurrent back pain or his statements of record complaining of chronic back pain since his separation from active service. In light of the foregoing, the criteria for service connection are met, and entitlement to service connection for a thoracolumbar spine disability is granted. See 38 C.F.R. §§ 3.303; Holton, 557 F.3d at 1366. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Douglas M. Humphrey, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.