Citation Nr: 21064909 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 16-36 419 DATE: October 22, 2021 ORDER Entitlement to service connection for a low back condition, diagnosed as degenerative arthritis of the spine, is granted. FINDING OF FACT The evidence is at least in relative equipoise as to whether the Veteran's degenerative arthritis of the spine was incurred in or otherwise related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for degenerative arthritis of the spine have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from February 2002 to February 2006. He is the recipient of several medals, including a Global War on Terrorism Expeditionary Medal, a Global War on Terrorism Service Medal, and an Air Force Expeditionary Service Ribbon. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge during an October 2021 hearing. Service Connection Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires evidence of three elements: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or nexus between the current disability and the disease or injury incurred or aggravated during active service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection may also 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. 38 C.F.R. § 3.303(d). When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case, the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Entitlement to service connection for degenerative arthritis of the spine The Veteran contends his back condition is due to an in-service trampoline accident in 2004. See Notice of Disagreement, July 2015. Considering the claim for service connection for degenerative arthritis of the spine, in light of the record and the governing legal authority, the Board finds that the evidence is at least in equipoise on the question of nexus. Gilbert, 1 Vet. App. at 53-56. The record reflects a finding of degenerative arthritis of the spine; therefore, a current disability has been established. The evidence also supports that he had an in-service back injury. Service treatment records note a trampoline accident in April 2004 that resulted in a diagnosis of paralumbar spasm due to blunt trauma. The Veteran noted he was playing on a trampoline and was ejected from the trampoline and landed in a tucked position on his back. The question remaining for the Board is whether there is a medical link between the Veteran's degenerative arthritis of the spine and his in-service back injury. The Veteran was afforded a VA Back examination in May 2015 in which the examiner opined that the Veteran's degenerative arthritis of the spine was less likely than not related to service. The VA examiner's rationale was that the current back condition was less likely a continuation of the complaint of lower back pain after a trampoline accident in April 2004 noted in the service treatment records as he did not have continued complaints or treatment for his condition during or one year after service. The examiner further opined that the Veteran's current back condition is most likely due to wear and tear from working as a Fireman doing heavy lifting. However, the record also contains an opinion from the Veteran's private treatment provider that support the Veteran's contention that his degenerative arthritis of the spine is due to his military service. In February 2015, private treatment provider Dr. C.F. opined that the Veteran's back condition was more likely than not a result of service. The VA examiner and the private treatment provider are both medical professionals qualified to opine on the cause and onset of the Veteran's current degenerative arthritis of the spine. They also reviewed the available evidence and provided rationale to support their opinions. Each opinion is probative for these reasons and provide equally plausible explanations as to whether the Veteran's current degenerative arthritis of the spine was incurred in or is otherwise related to service. The Board, thus, finds that the evidence is in at least relative equipoise as to whether the Veteran's degenerative arthritis of the spine was incurred in or otherwise due to service. Resolving reasonable doubt in the Veteran's favor, the claim for service connection for degenerative arthritis of the spine is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Krista Johnson, 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.