Citation Nr: 21070954 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 17-64 042 DATE: November 29, 2021 ORDER Service connection for a lumbar spine disability is granted. Service connection for a right ankle disability is granted. Service connection for a left ankle disability is granted. FINDINGS OF FACT 1. The Veteran began experiencing symptoms of his current lumbar spine disability during service, and he has continued to experience such symptomatology since his separation from service. 2. The Veteran began experiencing symptoms of his current right ankle disability during service, and he has continued to experience such symptomatology since his separation from service. 3. The Veteran began experiencing symptoms of his current left ankle disability during service, and he has continued to experience such symptomatology since his separation from service. CONCLUSIONS OF LAW 1. The criteria for service connection for a lumbar spine disability are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for service connection for a right ankle disability are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for a left ankle disability are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1966 to June 1968. In October 2019, he testified at a hearing before the undersigned Veterans Law Judge (VLJ). In May 2021, the Board of Veterans' Appeals (Board) remanded this appeal for further development. Service Connection Lumbar Spine and Bilateral Ankle Disabilities Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (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. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Further, a layperson is competent to report on the onset and continuity of his or her current symptomatology. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). Service connection can also be established through application of a statutory presumption for chronic diseases, like arthritis, when manifested to a compensable degree within a year of separation from service. 38 C.F.R. §§ 3.307, 3.309. If a chronic disease is not manifested to a compensable degree within a year of separation of service, then, generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b). The Veteran seeks service connection for a lumbar spine disability and bilateral ankle disabilities which he asserts onset in service after landing hard when jumping from helicopters. The July 2021 VA back and ankle examination reports reflect current diagnoses of lumbar spine degenerative arthritis, among others, and bilateral ankle heel spurs. As such, the current disability prongs of these claims are met, and the remaining issue is whether these current disabilities can be related to any in-service event or whether they onset therein. The Veteran's October 2019 Board testimony was unclear regarding the onset of his lumbar spine and bilateral ankle symptoms. Accordingly, the May 2021 Board remand directed for new VA examinations to be conducted to address the etiologies of these conditions and for the examiner to solicit from the Veteran a clear history of the symptoms he was experiencing. Such examinations were completed in July 2021, at which time the Veteran reported that his lumbar spine and bilateral ankle symptoms all began in service and have continued since that time. The Veteran also testified before the Board that he did not seek treatment for his lumbar spine or bilateral ankle symptoms in service because he is an "old country boy" and just pushed through his symptoms. The Board finds the Veteran's lay reports as to the onset of his lower back and bilateral ankle symptoms to be credible, and his lay reports, alone, are sufficient to establish service connection for his lumbar spine and bilateral ankle disabilities. Service connection for a lumbar spine disability, a right ankle disability, and a left ankle disability is warranted, as they are conditions for which a continuity of symptoms has been shown since active duty. In reaching this decision, the Board acknowledges that the July 2021 VA examiner and an October 2017 VA examiner opined against service connection for the Veteran's lumbar spine and bilateral ankle disabilities. However, while the Board cannot ignore or disregard the VA examiners' medical conclusions [Willis v. Derwinski, 1 Vet. App. 66 (1991)], the Board is free to assess medical evidence and is not compelled to accept a medical opinion. Wilson v. Derwinski, 2 Vet. App. 614 (1992). All negative nexus opinions failed to consider the Veteran's lay reports of continuing back and bilateral ankle symptoms since jumping from helicopters in service. As his lay statements regarding the onset and history of his lumbar spine and bilateral ankle symptoms were not considered in rendering the negative nexus opinions, the Board affords the opinions minimal, if any, probative weight. In light of the above, the Board finds the Veteran's competent, credible reports of his lumbar spine and bilateral ankle disability symptoms having onset in active service to be more probative than the 2021 and 2017 VA examiners' negative nexus opinions which did not address all relevant evidence. The weight of the evidence supports a finding that the Veteran's lumbar spine and bilateral ankle disability symptoms onset in service and have continued since then. Accordingly, service connection for a lumbar spine disability, a right ankle disability, and a left ankle disability is warranted, as they are current disabilities that onset in active service. The Board acknowledges that the Veteran has also claimed service connection for his bilateral ankle disabilities as secondary to his now-service-connected lumbar spine disability. However, as the Board is granting service connection for his bilateral ankle disabilities on a direct basis, which is the greater benefit when compared to the claim for secondary service connection for the same disabilities, the Board need not discuss the secondary service connection aspect of these appeals. Overall, the evidence supports service connection on a direct basis for the Veteran's bilateral ankle disabilities, as they are current disabilities which were onset during his active service. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.