Citation Nr: 20021820 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 18-34 027 DATE: March 27, 2020 ORDER Service connection for bulging discs in the lumbar spine, hereinafter referred to as a lumbar spine disorder, is denied. FINDINGS OF FACT 1. The Veteran has a current disability of bulging discs in the lumbar spine. 2. The Veteran experienced multiple in-service lumbar spine injuries. 3. The current lumbar spine disorder did not have its onset in service and is not otherwise etiologically related to service. CONCLUSION OF LAW The criteria for service connection for a lumbar spine disorder, diagnosed as bulging discs in the lumbar spine, have not been met. 38 U.S.C. §§ 1112, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from April 1976 to March 1979 and September 1981 to September 1986. This matter is on appeal from a September 2015 rating decision issued by the Regional Office (RO) in Pittsburgh, Pennsylvania. Legal Authority for Service Connection Service connection may be granted for disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. See 38 C.F.R. § 3.303(d). Service Connection for the Lumbar Spine Disorder The Veteran generally contends that the lumbar spine disorder is related to the in-service back injuries. See March 2015 Fully Developed Claim; December 2015 Notice of Disagreement. The evidence shows a current lumbar spine disability, diagnosed as bulging discs in the lumbar spine. See May 2015 VA Examination. The evidence demonstrates that the Veteran experienced several in-service spine injuries. In April 1983, the Veteran reportedly injured the lower back after lifting a heavy mortar. The service medical examiner noted pain on palpation, specifically on L5, with mild spasm. The Veteran was treated with analgesic balm and pain medication for five days. In September 1983, the Veteran injured his lumbar spine in a fall. The military medical examiner noted that L5-S1 was narrowing and the Veteran reported that the pain was resolving. In January 1984, the Veteran reported back pain related to a skiing injury and was diagnosed with acute lumbar muscle spasm. The military medical examiner prescribed some pain medication. A service separation examination is not associated with the service treatment records. After reviewing all the evidence, both lay and medical, the Board finds that the weight of the evidence is against finding that the current lumbar spine disorder had its onset in service or is not otherwise etiologically related to service. In the January 2018 VA nexus opinion, the VA examiner opined that it is less likely than not that the lumbar spine disorder was incurred in or caused by service. The VA examiner reasoned that, despite the multiple in-service back injuries, “there is no competent medical evidence of a persistent back condition at that time, or while he was in the service.” The VA examiner also reasoned that the in-service injuries were “self-limiting,” that the in-service injuries were short-lived without any documented sequela, and that the current lumbar spine disorder appears to be related to the more recent onset of pain that began almost 28 years after service separation. As the preponderance of the evidence is against service connection for the lumbar spine disorder, the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Costantino, 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.