Citation Nr: 21064093 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 15-23 816 DATE: October 19, 2021 ORDER Entitlement to service connection for a back condition is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has a lower back condition that began during active service or is otherwise related to an in-service injury or disease. CONCLUSION OF LAW The criteria for entitlement to service connection for a back condition have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty, including from August 1971 to March 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from July 2014 and January 2015 rating decisions of a VA Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a February 2019 hearing before the Board of Veterans' Appeals (Board). The Board remanded this claim in its April 2019 and July 2021 decisions. The Board finds that the RO substantially complied with its remand directives, and the Board may now proceed with adjudication. 1. Entitlement to service connection for a back condition The Veteran asserts that he experiences a back condition that arose during or as a result of his active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Additionally, certain chronic diseases will be presumed related to service if they were shown as chronic (reliably diagnosed) in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303, 3.307, 3.309. In this case, the Veteran's service treatment records (STRs) are negative for complaints, treatment, or diagnosis of any lower back injuries or conditions. The Veteran's VA and private treatment records are negative for complaints or treatment of lower back conditions in the initial 12-month period immediately following discharge from service and are also negative for any medical opinions tying the Veteran's current condition to his active service. The Veteran filed a claim for service connection in November 2014. November 2014 private treatment records reflect treatment for a degenerative lumbar disc condition. March 2016 private treatment records reflect treatment for bulging discs in the lower back, with areas of nerve compression and radiculopathy. Additional private records reflect treatment for back problems from April to June in 2016. During the February 2018 Board hearing, the Veteran claimed that he began experiencing back problems during the early 1990s while still in service. The Veteran attributed his back problems to his time serving as flight crew chief and mechanic, during which he experienced "hard landings" while aboard a helicopter and was required to lift heavy equipment as part of his duties. In a February 2019 statement in support of his claim, the Veteran attributed his back problems to carrying and lifting heavy equipment during his active duty service. During the Veteran's January 2020 VA examination for back conditions, the VA examiner noted diagnoses for degenerative arthritis, which dated to the 2000s, and intervertebral disc syndrome (IVDS), which dated to the 1990s. The Veteran reported the onset of low back pain during his active service. In an accompanying medical opinion, the VA examiner found the Veteran's back conditions to be less likely than not related to his active service. The examiner based their opinion, in part, on the absence of any documented treatment for back conditions in service. They noted that the first documentation of any treatment for back conditions was in 2005, but this was second-hand. The first objective documentation for back conditions was in 2014, and there was no objective evidence linking any back condition to active service. In an August 2021 VA examination for back conditions, the VA examiner noted diagnoses for the following conditions: degenerative disc disease in 2005, IVDS in 2016, spinal fusion in 2016, and spinal stenosis in 2015, as well as radiculopathy in 2021. In an August 2021 addendum VA medical opinion, the VA examiner opined that the Veteran's back condition was less likely than not related to active service. They considered his Board hearing testimony, but found that his IVDS, spinal stenosis, and spinal fusion were more likely due to the natural aging process and subsequent medical treatment. Additionally, there was no medical evidence that the Veteran's conditions arose during or as a result of his active service. The Board has considered the Veteran's lay contentions, attributing his current conditions to active service. That having been noted, he lacks medical training and credentials, and his lay evidence is thus of lower probative value than the 2021 medical opinion, rendered by a medical professional with the requisite training and credentials. Jandreau v. Nicholson, 492 F.3d 1372 (2007). Moreover, his STRs do not reflect any complaints or treatment for back conditions. Additionally, there is no objective record of treatment for back conditions until 2014, or, at the earliest, 2005, many years after the Veteran left active service. No medical opinion supports the Veteran's claim, and the VA examination reports of record both reflect etiology opinions that found the Veteran's back condition were less likely than not related to active service. The Board places particular weight on the 2021 opinion, following the most recent remand, as the Veteran's testimony was fully considered. Based on these facts, the Board finds the preponderance of the evidence is against finding the claimed condition arose during or as a result of active service. Accordingly, the claim for service connection for a back condition is denied. 38 U.S.C. § 5107(b). A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.