Citation Nr: 20003187 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 16-15 608 DATE: January 14, 2020 ORDER Entitlement to service connection for a right hip strain is granted. Entitlement to service connection for degenerative spondylosis of the lumbar spine is granted. FINDINGS OF FACT 1. A right hip strain is attributable to an injury during a period of active duty training. 2. Degenerative spondylosis of the lumbar spine is attributable to an injury during a period of active duty training.   CONCLUSIONS OF LAW 1. A right hip strain was incurred during active duty for training (ADT). 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.303. 2. Degenerative spondylosis of the lumbar spine was incurred during active duty for training (ADT). 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 2009 to April 2010 and on active duty for training (ADT) from April 14, 2011 to April 22, 2011. It is important to note that the AOJ has accepted that the appellant performed active duty for training in April 2011. Such service provides a basis for compensation if there is residual disability due to disease or injury, Service Connection Service connection may be established for disability resulting from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service or for aggravation of a preexisting injury suffered or disease contracted in line of duty. 38 U.S.C. § 1110. In general, to establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service - the so-called “nexus” requirement. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009). Service connection may also be granted for disability resulting from disease or injury incurred during active duty for training (ADT), or injuries suffered during inactive duty training (IDT) to include when a cardiac arrest or a cerebrovascular accident occurs during such training. See 38 U.S.C. §§ 101 (24), 106. Reserve and National Guard service generally means ADT and IDT. ADT is full time duty for training purposes performed by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101 (22); 38 C.F.R. § 3.6 (c). IDT includes duty, other than full-time duty, performed for training purposes by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101 (23); 38 C.F.R. § 3.6 (d). Active military service includes active duty, any period of ADT during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of IDT during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident which occurred during such training. 38 U.S.C. § 1106; 38 C.F.R. § 3.6 (a). Reasonable doubt concerning any matter material to the determination is resolved in the Veteran’s favor. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. 1. Entitlement to service connection for a right hip strain The Veteran seeks service connection for a right hip strain which he contends was incurred during a training accident. An April 2011 line of duty (LOD) investigation report shows that the Veteran was evaluated for a right hip injury incurred when he hit his hip on the door in a HEAT trainer. A right hip strain was diagnosed. The LOD determined that the Veteran’s right hip strain was incurred in the line of duty. The Veteran received a VA examination in March 2013. The examiner diagnosed a right hip strain and noted limited range of motion. However, the examiner opined that the Veteran’s right hip strain was not due to his service because the x-ray and MRI evaluations did not show residual pathology that would correlate with the injury. The examiner did not explain fully why the current right hip strain did not correlate with the diagnosed right hip strain from April 2011. The Veteran’s Physical Evaluation Board (PEB) in January 2014 determined that the Veteran’s right hip strain was incurred in the line of duty, relying substantially on the April 2011 LOD report. The Board finds that the evidence weighs in favor of a finding that the Veteran’s right hip strain is due to the injury incurred during his ADT. Although the March 2013 examiner opined otherwise, the opinion did not adequately explain why the Veteran’s current right hip strain was unrelated to his previously diagnosed right hip strain. The LOD report conducted in the immediate aftermath of the injury, which involved consulting the diagnosing physician, determined that the right hip strain was incurred during ADT. The Board finds this evidence to be most probative as it was obtained in close proximity to the injury in question. Further, there is no evidence of subsequent injury. The Veteran has a right hip strain, as diagnosed in April 2011 and again in March 2013. The right hip strain was determined in April 2011 to have been incurred in the line of duty. Therefore, the Board finds that service connection for a right hip strain is warranted. 2. Entitlement to service connection for degenerative spondylosis of the lumbar spine The Veteran seeks service connection for a right hip strain which he contends was incurred during a training accident. Medical records from May 2011 show that the Veteran received an MRI of the lumbar spine which diagnosed degenerative spondylosis with a central disc protrusion. The Veteran received a VA examination in March 2013. The examiner opined that the Veteran’s degenerative spondylosis was at least as likely as not due to his service because the injury likely caused the disc protrusion present on the MRI. Further, there is no record of back symptoms prior to the injury. The Veteran’s Physical Evaluation Board (PEB) in January 2014 determined that the Veteran’s degenerative spondylosis was incurred in the line of duty. The Board finds that the evidence weighs in favor of a finding that the Veteran’s degenerative spondylosis is due to his injury during ADT. He was first diagnosed with the degenerative spondylosis via MRI in the weeks following the injury, and the VA examiner rendered a positive nexus opinion. There is no evidence of prior or subsequent injury. Therefore, service connection for degenerative spondylosis of the lumbar spine is granted. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Creegan 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.