Citation Nr: 20009686 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 17-32 313 DATE: February 6, 2020 ORDER Entitlement to service connection for a lower back disability, to include osteoarthritis and degenerative joint disease, is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran’s favor, his current lower back disability, to include osteoarthritis and degenerative joint disease, is related to service. CONCLUSION OF LAW The criteria to establish service connection for a lower back disability, to include osteoarthritis and degenerative joint disease, are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1984 to July 1984, May 1988 to September 1988, September 2003 to September 2004, March 2006 to August 2007, October 2007 to December 2008, and March 2011 to June 2012. This claim arose to the Board of Veterans’ Appeals (Board) from a September 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in a January 2020 hearing. Entitlement to service connection for a lower back disability, to include osteoarthritis and degenerative joint disease The Veteran contends he is entitled to service connection for a lower back disability, specifically, osteoarthritis and degenerative joint disease. At the Veteran’s January 2020 hearing, he explained that he started suffering with low back pain during the last of his three overseas deployments; he did not seek medical care due to his desire not to be medically discharged but treated his pain with over-the-counter medications and ice. Following his return from service, he immediately sought medical treatment for lower back pain and was diagnosed with osteoarthritis and degenerative joint disease. For the following reasons, the Board finds service connection warranted. Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009). In determining entitlement to service connection, the claimant receives the benefit of the doubt so that the claimant prevails whenever the evidence in support of the claim is at least in equipoise. 38 C.F.R. § 3.102; 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 54-55 (1990). On review, the Board concludes that the Veteran suffers from a current disability of osteoarthritis and degenerative joint disease. These diagnoses were made by the Veteran’s treating medical practitioner at a VA hospital. See 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. § 3.303(a); see also Holton, 557 F.3d at 1366. At the Veteran’s January 2020 hearing, he explained that he injured his back during his third overseas deployment. The Veteran did not want to detract from his retirement points, so he did not seek medical attention; instead, the Veteran treated himself with over-the-counter medication, ice, and rest. In a letter submitted January 2020, the Veteran’s Battalion Commander submitted a buddy statement in which he explained that “on more than once occasion, [the Veteran] had to limit his activities, due to pain and stiffness in his back.” The Battalion Commander specifically stated that the Veteran stopped during a job due to shooting pains in his back and was subsequently prevented from further physical activities for quite some time. The Board finds that such memories are accorded significant probative weight. (Continued on the next page)   Following the Veteran’s retirement from the National Guard, he immediately sought care at a VA hospital and was diagnosed with osteoarthritis and degenerative joint disease. Although this diagnosis occurred more than four years after the Veteran’s last active duty service, the Board finds the Veteran has fulfilled his burden under the reasonable doubt standard, and it is more likely than not that the Veteran’s current degenerative joint disease and osteoarthritis is related to his time in service. Moreover, the Board acknowledges the Veteran’s credible reports of continuous lower back pain since his service as evidence in support of his claim. See Kahana v. Shinseki, 24 Vet. App. 428, 434 (2011). Accordingly, when resolving reasonable doubt in the Veteran’s favor, the elements of service connection have been met. In sum, there is credible lay and medical evidence of record that supports the Veteran’s contentions that his current lower back disability is linked to service. Service connection for a lower back disability will therefore be granted. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ryan, 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.