Citation Nr: 21001006
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 16-23 886
DATE: January 6, 2021

ORDER

Service connection for a thoracolumbar strain is granted.

FINDINGS OF FACT

1. The Veteran had active duty service in the Navy from March 2011 to May 2012.

2. Reports of low back pain were noted in service, a current diagnosis of thoracolumbar strain has been related to service.

CONCLUSION OF LAW

A thoracolumbar strain was incurred in service. 38 U.S.C. §§ 1110, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303(a) (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran contends that he was involved in a motor vehicle accident (MVA) in June 2011 while on active duty, resulting in an injury to his lower back, causing back pain. He asserts that he has experienced the same symptomatology, including recurrent lower back pain, since service. 

Turning to the relevant laws and regulations, service connection may be granted on a direct basis as a result of disease or injury incurred in service based on nexus using a three-element test: (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 in or aggravated by service. See 38 C.F.R. § 3.303(a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009).

Turning to the evidence, a current disorder is shown. Specifically, the August 2014 VA examiner diagnosed thoracolumbar strain with the date of diagnosis as active duty. Clinical records reflect chronic low back pain. Therefore, the first element of service connection has been met.

As to an in-service incurrence, the service treatment records (STRs) reflect no complaints of, treatment for, or a diagnosis of back pain until the Veteran reported back problems at the time of separation. He noted ongoing back problems from a 2011 motor vehicle accident. The clinician conducting the examination noted that the Veteran was seen in the San Antonio emergency room and that X-rays were normal. Nonetheless, as back pain was noted in the STRs, the second element of service connection has been met.

As to a medical nexus, the August 2014 examiner noted that the date of the onset of the Veteran’s diagnosis of thoracolumbar strain was “AD” (active duty). Clinical records consistently reflect that chronic low back pain has been attributed to an in-service MVA. Next, while not disposition, the Board notes that the Veteran filed a claim for a low back disorder shortly after discharge asserting it was due to a MVA. 

Based on the above, the evidence shows a current diagnosis of thoracolumbar strain, in-service complaints of back pain, and a nexus between the two. As such, service connection is warranted and the appeal is granted.

Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-70 (2017) (confirming the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Associate Counsel Edward P. Vrtis

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.