Citation Nr: A21016708
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 190817-25764
DATE: October 13, 2021

ORDER

Service connection for a low back disability is granted.

FINDING OF FACT

The Veteran's low back disability is related to service.

CONCLUSION OF LAW

The criteria to establish service connection for a low back disability have been met.  38 U.S.C. §§ 1110, 1111, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 1969 to December 1971, from February 1991 to July 1991, and from January 2007 to May 2007.

This matter comes before the Board of Veterans' Appeals (Board) from a June 2019 rating decision by the Agency of Original Jurisdiction (AOJ).  The Veteran submitted his Decision Review Request in August 2019, selecting the Evidence Submission Docket.  He was afforded 90 days to submit evidence for consideration by the Board.  

The Veteran seeks service connection for a back disability.  He maintains that his current back disability is related to injuries sustained during his first period of service, and that he experienced symptoms during service and in the years following that period of service.  See August 2019 Decision Review Request.

To establish a right to compensation for a present disability, a Veteran must show: "(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"-the so-called "nexus" requirement.  Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service treatment records reflect that the Veteran was seen for back pain in January 1969, following a reported injury.  X-rays were negative; however, the provider prescribed heat, liniment, and a muscle relaxer.  In December 1969, the Veteran reported a back injury from heavy lifting.  X-rays revealed possible spondylolysis at L5.  Muscle relaxers were prescribed, and the Veteran was directed to avoid heavy lifting, stooping, and prolonged walking or standing for three weeks.  

The current medical record contains diagnoses referable to the Veteran's back.  A December 2015 MRI report notes findings of mild lumbar scoliosis, as well as desiccated bulging discs with osteophytes and foraminal narrowing in the lumbar spine.  Lumbosacral strain was noted on VA examination in August 2018.  On VA examination in November 2018, the Veteran reported that he had experienced intrascapular pain during deployment to Iraq in 2007.  

In May 2019, a private physician, C.W., D.O., indicated that he had reviewed records from 1969 showing a back injury.  He indicated that the Veteran clearly developed back pain during service and that it had progressed over the years, as was typical of back injuries.  

Upon review of the record, the Board concludes that service connection for the Veteran's back disability is warranted.  In this regard, the record demonstrates injury during service, current diagnoses referable to the Veteran's low back, and an opinion provided by a physician who reviewed the history and provided an opinion supported by an adequate rationale.  As there is an informed medical opinion indicating that the Veteran's claimed back disability is related to documented in-service injury, the Board concludes that service connection is in order.  

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Barone, 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.