Citation Nr: 20021176 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 15-34 288 DATE: March 24, 2020 ORDER Entitlement to service connection for a low back disability, due to service-connected prostate cancer, is granted. FINDING OF FACT The Veteran’s low back disability is proximately due to service-connected prostate cancer metastasis. CONCLUSION OF LAW The criteria for service connection for low back disability as secondary to service-connected prostate cancer are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1969 to November 1973. In October 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript is of record. In April 2019, the Board granted service connection for prostate cancer and remanded this claim for additional development. Entitlement to service connection for a low back disability, to include as secondary to service-connected prostate cancer The Veteran contends that a low back disability is related to the service-connected prostate cancer. He reported that his doctors believe the current back problems are secondary to prostate cancer. To establish a service connection for a 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. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). A disability that is proximately due to or the result of a service connected disease or injury shall be service connected. When service connection is established for a secondary disability, the secondary disability shall be considered a part of the original disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a non-service connected disability, which is aggravated by a service-connected disability. In such an instance, the Veteran is compensated for the degree of disability over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b); Allen v. Brown, 7 Vet. App. 439 (1995). A disability may be service connected if the evidence of record shows that the Veteran currently has a disability that was chronic in service or that was chronic as defined by regulation with continuity of symptomatology demonstrated after service. 38 C.F.R. § 3.303(a),(b); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). A Veteran need only demonstrate that there is an approximate balance of positive and negative evidence in order to prevail. To deny a claim on its merits, the preponderance of the evidence must be against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The service medical records show treatment for low back strain. The post-service medical records show the Veteran has been diagnosed with degenerative arthritis, spinal stenosis, and vertebral fracture. In an October 2011 VA examination, a VA examiner opined that the Veteran’s back disability was at least as likely as not related to service. The examiner noted that the Veteran reported continued lower back pain since service due to overuse. Thus, the examiner concluded that the in-service injury progressed to the current disability. In an August 2019 VA examination, the VA examiner provided a positive nexus opinion. The examiner explained that the Veteran’s prostate cancer metastasized throughout the skeletal frame, including the spine. The examiner noted the Veteran’s lumbar spine diagnoses during the appeal period. In reviewing the record, the examiner concluded that the Veteran’s low back disability was at least as likely as not proximately due to prostate cancer. The Board finds the evidence to at least be in equipoise as to whether the Veteran’s current low back disability is proximately due to service-connected prostate cancer. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for low back disability, due to prostate cancer metastases, is warranted. 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 C. Kass 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.