Citation Nr: 21067097 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 17-35 839 DATE: November 3, 2021 ORDER Service connection for degenerative arthritis of the spine is granted. FINDING OF FACT The Veteran has experienced low back pain related to degenerative arthritis since her separation from service. CONCLUSION OF LAW The criteria for service connection for degenerative arthritis of the thoracolumbar spine have been met. 38 U.S.C. §§ 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Army from February 1984 to January 1987. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Veteran and her husband testified in support of this appeal during a hearing held at the Cleveland, Ohio RO before the undersigned Veterans Law Judge. In October 2019, the Board remanded this matter for further development. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. To establish service connection for a 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. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic 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 (or within an applicable presumptive period) 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); 38 C.F.R. §§ 3.303, 3.307, 3.309. The Veteran has a current diagnosis of degenerative arthritis of the spine as evidenced by a January 2020 VA examination. Arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331. Although the disability was not shown as chronic in service or did not manifest to a compensable degree within a presumptive period, the Board finds the Veteran's low back disability was noted in service with attributable continuity of symptomatology. The Veteran's service treatment records show that she injured her back during service in March 1984 and November 1986. At her October 2019 hearing, the Veteran and her husband testified about her November 1986 back injury. The Veteran and her husband also described her back injury in an April 2017 letter. VA treatment records also indicate that the Veteran has consistently reported that she has experienced chronic low back pain since service. The Board finds the Veteran's description of her disability, its in-service onset, and that she has experienced low back pain since service to be credible. In contrast, the Veteran underwent two VA examinations that found her low back pain to be less likely than not related to service. In August 2016, a VA examiner found that it was less likely than not that the Veteran's current back pain was related to service. However, the examiner only discussed the Veteran's March 1984 in-service injury, and did not consider the November 1986 injury. Accordingly, the Board finds this opinion to be inadequate and affords it little probative weight. After remand, in January 2020 the Veteran underwent another VA examination. This examiner again found it was less likely than not that the Veteran's low back pain was related to service. Their rationale is that the Veteran suffered a low back strain during service, which is a muscle injury, while her current diagnosed disabilities are of the bone which has no related pathophysiology. The examiner also based their opinion on the twenty plus year gap between the Veteran's in-service injury and available medical records that describe the Veteran's back pain. The Board finds the examiner did not consider the Veteran's consistent statements regarding the continuity of her back pain when making their opinion. As such, the Board affords this examiner's opinion little probative weight. (Continued on the next page) Based on the credible evidence regarding continuity of symptoms, service connection for degenerative arthritis of the spine is granted. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Chandeck, 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.