Citation Nr: 20021392 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 19-09 638 DATE: March 25, 2020 ORDER Entitlement to service connection for a low back disorder is denied. FINDING OF FACT The preponderance of the competent evidence of record is against a finding that the Veteran’s low back disorder was incurred in service or is otherwise attributable to his active service or any incident of service. CONCLUSION OF LAW The criteria for service connection for a low back disorder are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the Coast Guard from October 2002 to December 2007. The appeal originates from a February 2015 decision of a Department of Veterans Affairs (VA) Regional Office. In August 2019, the Board remanded the issues of service connection for brain schwannoma and left shoulder, left knee, and low back disorders. A November 2019 rating decision granted service connection for brain schwannoma, and the Veteran withdrew the left shoulder and knee claims that month. With respect to a low back disorder, the Board requested a VA examination with opinion. Examinations with opinions were obtained in September and October 2019. Following the issuance of a November 2019 supplemental statement of the case that continued the denial at issue, the case was returned to the Board for its adjudication. As such, the Board finds that there has been substantial compliance with the Remand directives. The Veteran contends that his low back disorder is attributable to service. Specifically, he asserts that he injured his back as corroborated by a fellow servicemember in an August 2019 correspondence. The question before the Board is whether the Veteran’s low back disorder began during service or is at least as likely as not related to an in-service injury, event, or disease. After review of the evidence, the Board finds that although the Veteran has a diagnosed low back disorder, characterized as a lumbosacral strain, the preponderance of the evidence is against a determination the disorder began during service or is otherwise attributable to service. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection for a disability requires evidence of: (1) a current disability; (2) a disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). As stated, the Veteran contends that he injured his back in service and references a buddy statement from his former supervisor. See August 2019 Correspondence. The statement indicates that the Veteran had back pain in service. The lay evidence of in-service symptomology is consistent with service treatment records showing a complaint of lower back spasms in February 2004 after running. Further review of the available service medical records, however, does not reflect that the Veteran sought any additional treatment for low back symptomatology following the one instance of treatment in February 2004. Furthermore, no low back abnormalities were noted on the separation examination, and the Veteran also did not report any history of low back symptomatology at the time of his separation. The etiology of the low back disorder was evaluated by two separate VA examiners in September and in October 2019, respectively. Both examiners opined that a low back disorder was less likely as not related to service. The examiners explained that the in-service back complaints were acute and did not represent a recurrent, chronic, or disabling condition. Both examiners also noted that the Veteran’s symptoms essentially resolved as indicated by the absence of further complaints, his denial of recurrent back pain or a back problem at separation, and normal evaluation of the back at that time. The examiners found that there was insufficient evidence to link a low back disorder to service and that a chronic condition did not manifest until years later. As both examiners indicated that they reviewed the claims file and provided thorough rationales that took into consideration the Veteran’s medical history, and in light of the lack of objective medical evidence to the contrary, the Board accords both of the VA examiner opinions with significant probative weight. Sklar v. Brown, 5 Vet. App. 140 (1993). A review of available VA and private medical records does not reflect that the Veteran complained of experiencing low back pain prior to 2014. A February 2014 X-ray examination report did not indicate any musculoskeletal pathology. Subsequent medical records show that the Veteran has continued to seek treatment for low back symptomatology following the initial complaint. Consideration is given to arguments presented by the Veteran’s representative. See August 2019 Correspondence. The representative argues that the Veteran has had and continuously complained of back pain since service. While the Veteran is competent to report having experienced symptoms of a low back disorder and when they began, he is not competent to conclude that he has a low back disorder that has persisted since service or is otherwise attributable to service, in the absence of medical training and credentials. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Moreover, as previously discussed, the Veteran denied a history of recurrent back pain at separation and there is no objective evidence of complaints until over 6 years after service. The Board affords greater weight to the objective evidence closer in time to service, tending to indicate that chronic symptoms developed after separation, as opposed to subsequent contradictory statements now being made by the Veteran. Accordingly, the Board finds that a preponderance of the evidence is against a determination that the Veteran’s currently diagnosed low back disorder was incurred in service or is otherwise attributable to an in-service injury or event. As such, the Veteran’s claim of service connection for a low back disorder must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). As the preponderance of the evidence is against the Veteran’s claim of service connection for a low back disorder, the benefit-of-the-doubt standard of proof does not apply. 38 U.S.C. § 5107(b). C. M. COLLINS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alhinnawi 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.