Citation Nr: 21063796 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 17-19 144 DATE: October 18, 2021 ORDER Entitlement to service connection for an upper back disability is granted. INTRODUCTION The Veteran served on active duty from October 1989 to August 1993, and is a recipient of the Combat Infantryman Badge. In September 2019, the Veteran attended a hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. When this case was previously before the Board in December 2019 and May 2021 the above-noted issue was remanded for additional development. The case has since been returned for further appellate review. FINDING OF FACT The Veteran's thoracic spine arthritis is etiologically related to his active service. CONCLUSION OF LAW The criteria for service connection for an upper back disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION Duty to Assist As explained below, the Board has determined that the evidence currently of record is sufficient to grant entitlement to service connection for an upper back disability. Therefore, no further development is required under 38 U.S.C. §§ 5103, 5103A or 38 C.F.R. § 3.159. Burden of Proof Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518, 519 (1996), citing Gilbert, 1 Vet. App. at 54. Legal Criteria Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303 (d). Factual Background and Analysis The Veteran seeks service connection for an upper back disability, which he contends originated in service. The medical evidence confirms the Veteran currently has arthritis of the T1-T2 thoracic spine segments. The central issue that must be resolved at this time is whether the Veteran's current disability originated during service or is otherwise related to service. Initially, the Board notes the Veteran's service treatment records show that during his October 1989 entrance examination the Veteran's spine was assessed as normal. In the course of his August 1993 separation examination the Veteran reported experiencing recurrent back pain. He has indicated he continued to experience ongoing back pain with no gaps since that time. By way of a recent July 2021 VA examination the Veteran was diagnosed with thoracic spine degenerative arthritis. Following the examination, the examiner determined the Veteran's disability was as least as likely as not incurred in or caused by service. In support of her conclusion, the examiner explained the Veteran served in combat, which required him to carry heavy loads. The examiner further explained that thoracic arthritis is not as common as typical lumbar spine degenerative arthritis, and as such, his miliary service likely accelerated the arthritic process, which affects his thoracic spine. As previously noted, this appeal turns on whether there is a nexus between the Veteran's current disability and his active-duty injuries. The Veteran has competently and credibly reported that he experienced upper back pain during and since service. Additionally, the July 2021 VA examiner provided a competent favorable medical opinion linking his current disability to his active-duty experiences. Accordingly, a nexus to service is established. In sum, the Board is satisfied that the evidence supporting a nexus between the Veteran's currently diagnosed thoracic spine disability and his in-service injuries is at least in equipoise with the evidence against a nexus. Therefore, the Veteran is entitled to service connection for his thoracic spine disability. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Fraser, 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.