Citation Nr: 20026061 Decision Date: 04/15/20 Archive Date: 04/15/20 DOCKET NO. 16-25 580 DATE: April 15, 2020 ORDER Service connection for low back strain is granted. Service connection for left ankle sprain is granted. FINDINGS OF FACT 1. The Veteran’s low back strain had its onset in service. 2. The Veteran’s left ankle sprain had its onset in service. CONCLUSIONS OF LAW 1. The criteria to establish service connection for thoracic disability have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (a). 2. The criteria to establish service connection for right ankle disability have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from June 2003 to June 2007. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303 (2018). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a). The Board is charged with the duty to assess the credibility and weight given to evidence. See Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). In Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability. Id. at 1076; see also 38 U.S.C. § 7104(a) (West 2002). Further, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. See Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). 1. Low back The Veteran reports that he is entitled to service connection for low back strain. In support, the Veteran reports that he hurt his back while performing lifting duties in service and has suffered from back pain ever since. See BVA hearing transcripts (January 2020). Additionally, the Veteran continues to receive medical care for his back condition. See VA medical treatment records (July 2007, August 2012 and March 2020). The Veteran has been diagnosed with low back strain and degenerative disc disease. See Service treatment records (STR) (September 2006) and see also VA medical examination (January 2013). The Board acknowledges that on January 2013 a VA examiner opined that the claimed back condition was less likely than not incurred or caused by service. See VA medical examination (January 2013). However, the medical and lay evidence, shows that the Veteran was treated for low back pain in service and diagnosed with a low back strain due to lifting duties. See STR (September 2006). Moreover, the Veteran’s spouse and fellow service men submitted credible statements confirming the Veteran’s injury in service and the condition thereafter. See Buddy statements (January 2020). Further, the Veteran credibly and competently provided sworn testimony that his condition started in service and has been recurrent ever since. The Veteran is competent to report his low back symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. The Board finds that the medical and lay evidence, including the Veteran's sworn testimony and buddy statements, show that the Veteran's low back condition had its onset in service and have been recurrent since that time. Resolving all reasonable doubt in the Veteran's favor, the Board finds that the Veteran's low back condition had its onset during his military service. As such, service connection is granted. See 38 C.F.R. § 3.303 (a). 2. Left ankle The Veteran reports that he is entitled to service connection for a left ankle sprain. He sustains that he suffered a left ankle sprain in service while performing physical training and pain has been recurrent ever since. See BVA Hearing transcripts (January 2020). Additionally, the Veteran continues to receive medical care for his ankle condition. See VA medical treatment records (July 2007, May 2011 and January 2020). The Veteran has been diagnosed with left ankle sprain. See STR (September 2005) and see also VA medical examination (January 2013). The Board acknowledges the January 2013 VA examiner negative nexus opinion. The examiner stated that the Veteran’s ankle condition is less likely related to his ankle sprain in service since that condition has resolved. See VA medical examination (January 2013). However, the medical and lay evidence, including buddy statement, show that the Veteran suffered a left ankle injury in service and has been recurrent ever since. See Buddy statement (January 2020). Further, the Veteran credibly and competently provided sworn testimony that since his injury in service the pain and ankle condition has been a constant issue. See BVA Hearing transcripts (January 2020). The Veteran is competent to report left ankle symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. (Continued on the next page)   The Board finds that the medical and lay evidence, including the Veteran's sworn testimony and buddy statement, show that the Veteran's left ankle condition had its onset during his period of active duty service and have been recurrent since that time. Resolving all reasonable doubt in the Veteran's favor, the Board finds that the Veteran's left ankle sprain had its onset during his period of military service. As such, service connection is granted. See 38 C.F.R. § 3.303 (a). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alvarado- 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.