Citation Nr: 20060290 Decision Date: 09/14/20 Archive Date: 09/14/20 DOCKET NO. 15-41 485 DATE: September 14, 2020 ORDER Entitlement to service connection for a low back disability is granted. FINDING OF FACT The Veteran’s low back disability became chronic in service. CONCLUSION OF LAW The Veteran’s low back disability was incurred in service. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Army from October 2010 to August 2013. The Board notes that the Veteran failed to report for the scheduled hearings, did not request postponement of the hearings, and has not submitted a motion for a new hearing date. As such, this case is being processed as though the request for a hearing has been withdrawn. See 38 C.F.R. § 20.702 (d). 1. Entitlement to service connection for a low back disability is granted Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease. In order to prevail on the issue of service connection there must be competent evidence of a current disability; medical evidence, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and competent evidence of a nexus between an in-service injury or disease and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). The definition of “disability” in 38 U.S.C. § 1110 (and by implication 38 U.S.C. § 1131) includes any condition that results in functional impairment of earning capacity. The Veteran claims entitlement to service connection for muscle spasms of the lower back. His service treatment records (STRs) show multiple instances of treatment for low back pain. In March 2012, he complained of having back pain for the previous one and a half years. STRs show consistent complaints of back pain or prescriptions for back pain medication. In August 2012, he was referred to physical therapy for his back pain. In September 2012, he reported that his back pain began in October 2010, but was unable to pinpoint a specific injury. Later in September 2012, he stated that his back pain came on gradually. In November 2012 he reported that this back hurt “all the time.” In April 2013 he was placed on a low impact profile for a “mild-moderate back pain/injury.” A June 2013 STR noted “[b]ack spasm chronic injury. Need to update profile. Having sleep issues that need to be evaluated.” A June 2013 STR noted “chronic” lumbago. Significantly, the Veteran filed his claim for service connection for his back disability in September 2013, a month after separating from service. His VA treatment records show continued treatment for back problems. In November 2013, the Veteran completed a VA back conditions examination. At examination the Veteran was diagnosed with muscle spasms. The muscle spasms resulted in functional loss of not being able to stand long periods of time or lift objects over 25lbs. The examiner also reported weakened movement and pain on movement. The Veteran’s muscle spasms meet the criteria for a disability for VA purposes. Following an in-person examination and review of the Veteran’s medical records, the November 2013 examiner concluded that it was less likely than not that the Veteran’s muscle spasms were related to his active service. However, the examiner’s rationale failed to consider or explain the multiple reports of and treatment for back spasms during the Veteran’s period of active service. In addition, the examiner’s rationale was based solely on the Veteran’s inability to cite a specific incident causing his back spasms and failure to follow up with physicians after leaving active service. The rationale offers no alternative explanation for the Veteran’s diagnosed back spasms. The Board finds the STRs highly probative evidence in this case. They show that the Veteran had chronic back pain in service. He reported that it began in October 2010, when he entered the military. He was consistently treated for low back symptoms while on service, and was placed on a profile for back pain. He filed his claim for service connection for back pain a month after separation from service, and his post-service treatment records show continued treatment for back pain. Interpreting the evidence in the most favorable light, the Veteran developed a back disability in service that became chronic in service, and persisted after separation from service. Service connection for a low back disability is granted. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Riordan, 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.