Citation Nr: 21061633 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 18-38 071 DATE: October 4, 2021 ORDER Service connection for a chronic back disability is granted. FINDING OF FACT A chronic back disability was incurred due to service. CONCLUSION OF LAW The criteria for service connection for chronic back disability have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303(a), 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1982 to November 1985. This appeal comes before the Board from a December 2015 Regional Office (RO) rating decision that denied service connection for the Veteran's back disability. The Veteran and his wife testified at a Board hearing held before the undersigned Veterans Law Judge (VLJ) in February 2021. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1131; 38 C.F.R. § 3.303. A veteran seeking compensation under these provisions must establish three elements: "(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 or aggravated during service." Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Certain chronic diseases, including arthritis, are presumed to be incurred in or aggravated by service if manifest to a compensable degree within one year of separation from service. See 38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307, 3.309(a); Fountain v. McDonald, 27 Vet. App. 258 (2015). Entitlement to service connection for a chronic back disability. The Veteran filed a claim seeking service connection for a chronic back disability on April 27, 2015, which he asserts is related to service. In support, the Veteran states that his diagnosed chronic back disability began during service and has been recurrent since that time. He explains that his back was initially injured after six to eight miles with rucksacks and that the pain increased with time. See December 2015 Notice of Disagreement. The Veteran's February and May 1985 service treatment records show complaint of lower back pain. A June 1985 service treatment record also documents treatment for back trauma that occurred during service. Post service treatment records show a current diagnosis of lumbar spinal stenosis. See December 2015 VA Treatment Records. At a December 2015 VA examination, the examiner confirmed the Veteran's diagnoses of a chronic back disability. The examiner opined, however, that the Veteran's chronic back disability was less likely than not related to service. As rationale, the examiner submitted that there is no objective data and no continuity of complaint noted to support any link of lumbar strain to the Veteran's current condition. The Board notes the December 2015 VA opinion did not consider testimony that the Veteran displayed symptoms of chronic back disability while in service because the statements were not available at that time. Lay statements of record, however, affirm initial signs and symptoms of chronic back disability during service. In the Veteran's July 2018 statement, the Veteran explained that he began having back problems while on active duty. The Veteran also indicated that his first complaint of back pain was not documented in his service treatment record. The Veteran also explained that the pain continued since service and worsened as he aged. Additionally, a July 2018 statement buddy statement from the Veteran's spouse described observing his lower back pain since January 1986. L.W. described pain that impacted daily activities such as yard work, heavy lifting, painting, resulting in a visit to the emergency room in 1990. See also January 1990 Emergency Room Record. At the February 2021 hearing, the Veteran testified that he began having back problems in service that have been recurrent since that time. At the proceeding the Veteran detailed his in-service and post treatment for his back problems. During the hearing, the Veteran's wife testified that she met the Veteran in 1986 and reported that he has had back problems since that time, which she described as "unusual for his age." The Board finds the statements and testimony discussed above as well as the treatment records to be persuasive. Here, in light of the competent and credible lay evidence as well as the medical evidence of record, the Board finds that the Veteran's chronic back disability became manifest while he was on active duty. Further, the evidence shows that he has been diagnosed as having this disability. Based on the above and resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection for chronic back disability is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that "the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty"); see also 38 C.F.R. § 3.303(a) (Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Booker 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.