Citation Nr: 21063040 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 16-39 572 DATE: October 12, 2021 ORDER Service connection for a lumbar spine condition, previously claimed as intervertebral disc syndrome (IVDS) and disc herniation (hereinafter referred to as a lumbar spine disability), is denied. FINDINGS OF FACT 1. The Veteran has a current disability of IVDS and herniated disc at L5-S1; there is no current diagnosis of a lumbar spine strain for this period on appeal. 2. The Veteran reported lower back pain on multiple occasions during service and experienced an in-service twist of the spine in March 2000 when a motor pool gate hit him in the head. 3. The current IVDS and herniated disc at L5-S1 did not have its onset in service and is not otherwise etiologically related to service, including the in-service low back symptoms. CONCLUSION OF LAW The criteria for service connection for a lumbar spine disability, to include IVDS and disc herniation at L5-S1, have not been met. 38 U.S.C. §§ 1110 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.310, 3.326(a). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from May 1999 to May 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. This matter was first before the Board in April 2020. The Board reopened the issue and remanded in order to obtain a VA examination addendum opinion to address favorable evidence of record. A VA examination addendum opinion was issued in June 2020. A supplemental statement of the case denied the issue in July 2020. Duties to Notify and Assist The Board finds that the duties to notify and assist the Veteran in this case have been fulfilled. Neither the Veteran nor the representative has raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015). Service Connection for a Lumbar Spine Disability Service connection may be granted for disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 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). With any claim for service connection (under any theory of entitlement), it is necessary for a current disability to be present. See Brammer v. Derwinski, 3 Vet. App. 223 (1992); see also McClain v. Nicholson, 21 Vet. App. 319 (2007) (service connection may be warranted if there was a disability present at any point during the claim period, even if it is not currently present); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013) (when the record contains a recent diagnosis of disability immediately prior to a veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency). The Veteran contends that the current lumbar spine disability is related to service because he experienced lower back pain in service in July 1999 as well as an in-service head injury in March 2000 that involved twisting of the spine. After a review of the evidence, the Board finds that the Veteran has a current disability of IVDS and herniated disc at L5-S1. See October 2010 VA Examination. There is no indication of record that the Veteran was diagnosed with a lumbar spine strain at any point during the claim period. See Brammer, 3 Vet. App. 223. The Board also finds that the Veteran reported lower back pain on multiple occasions during service and he experienced an in-service head injury in March 2000 when a motor pool gate hit him in the head. In July 1999, the Veteran repeatedly reported lower back pain over the span of several weeks, which was diagnosed as back strain. See January 2003 Report of Medical History. In March 2000, the Veteran sustained a laceration on the top right side of the head when a motor pool gate struck him. The Veteran was taken to the hospital. The diagnosis was a concussion; it was noted that the Veteran twisted the spine and the "general shock during that incident" resulted in pain in the spine. At service separation, the Veteran reported having lower back pain. See January 2003 Report of Medical History. The weight of the evidence is against finding that lumbar spine disability had its onset in service and is not otherwise etiologically related to service. A VA examination addendum opinion was issued in June 2020 in response to the April 2020 Board remand. The VA examiner rendered a negative nexus opinion. The VA examiner noted that there are no post-service reports of back pain in medical records until April 2007 after the Veteran experienced a post-service back injury. In April 2007, the Veteran reported lower back pain when he was picking up trash while he was performing community service. A diagnosis of lumbosacral strain and presence of L5-S1 disc herniation with slight impingement upon the right S1 nerve root was rendered. The VA examiner assessed that the acute strains that the Veteran experienced in service do not indicate that he experienced IVDS in service. Based on the foregoing, the Board finds that the criteria for service connection for a lumbar spine disability, to include IVDS and disc herniation at L5-S1, have not been met; as such, the claim must be denied. 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.