Citation Nr: 21072276 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 18-39 944 DATE: December 2, 2021 ORDER Entitlement to service connection for a lumbosacral spine disability is denied. FINDING OF FACT The preponderance of the evidence is against finding that a lumbosacral spine disability began during active service or is otherwise related to any event, injury, or disease during service. CONCLUSION OF LAW The criteria for service connection for lumbosacral spine disability are not 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 from July 1962 to July 1966. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2017rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2021, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record Entitlement to service connection for a lumbosacral spine disability The Veteran asserts that he is entitled to service connection for a lumbosacral spine disability because the claimed disability is the result of active service. Specifically, the Veteran contends that the disability began after he fell from a B-52 while repairing the aircraft. Service connection may be established 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. To establish 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 disease or injury during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to any event, injury, or disease during service. The Board concludes that, while the Veteran has a current diagnosis of a lumbosacral spine disability, and evidence shows that an in-service fall occurred, the preponderance of the evidence weighs against finding that the current diagnosis of a lumbosacral spine disability began during service or is otherwise related to an event, injury, or disease during service. The service medical records show the Veteran complained of back issues several times in November 1964 and April 1965. A May 1966 service separation examination found no abnormal findings. The separation examination specifically notes the Veteran as having normal spine, lower extremity, and neurologic examinations. The Veteran stated that he was in fairly good health with the exception of reoccurring back muscle spasms. The separation examination also noted that the Veteran had a back injury in 1964 after a fall from a B-52 and was diagnosed with muscle spasm with recurrent difficulty. A March 2010 private treatment record noted complaints of back pain. A June 2010 private treatment record noted that the onset of back pain had been acute and occurring in a persistent pattern. In a February 2021 medical treatment record, the examiner noted that the Veteran experienced recurring low back pain since early 2001 which caused flare-ups lasting two to three weeks while performing daily activities. The examiner concluded that the incident in service was a major contributing factor for the frequency and severity of the flare-ups. In a September 2021 VA examination, the examiner noted a diagnosis of degenerative arthritis and degenerative disc disease other than intervertebral disc syndrome. The Veteran reported onset in 1963 following the in-service fall from a B-52. The Veteran also reported that he had experienced pain of the same severity since the incident occurred. The Veteran reported flare-ups every three to five months. The examiner opined that the claimed disability was less likely than not the result of active service, to include the fall in service. The rationale was that the primary issue the Veteran faced during service was recurrent muscle spasms as documented on multiple encounters including April 1965 and May 1966 "...which likely would not be a factor in development of degenerative bone disease." The examiner further noted that "the veteran no longer has muscle spasms, further confirming the condition during service is unrelated to the current conditions as there is no continuity of symptoms." The examiner also highlighted the January 2021 statement indicating that there was a period of time where the back symptoms had appeared to resolve. The examiner noted that weighed against the assertion that the claimed disability had its onset in-service. The September 2021 examiner's opinion is probative, because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). VA treatment records show the Veteran was not diagnosed with a lumbosacral strain until October 2017 and degenerative arthritis and disc disease until September 2021, decades after his separation from service. While the Veteran is competent to report having experienced symptoms of flare-ups and back spasms since service, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of a lumbosacral spine disability. The issue is medically complex, as it requires knowledge of interpretation of complicated diagnostic medical testing. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Veteran believes a lumbosacral spine disability is related to an injury, event, or disease during service. The Veteran in this case is not competent to provide an etiology opinion. The issue is medically complex, as it requires knowledge of interpretation of complicated diagnostic medical testing. Therefore, it is outside the competence of the Veteran in this case because the record does not show that the Veteran has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the September 2021 VA examination. The Board finds that the preponderance of the evidence is against the claim for service connection for a lumbosacral spine disability. The Board has considered the evidence and recognized the favorable February 2021 medical record which noted that the fall in service was a contributing factor to flare ups. The Board finds that the September 2021 VA examination opinion is more persuasive because of the greater detail and consideration. That examiner had access to the February 2021 opinion and explained why it was less likely that the current lumbosacral spine disability was related to service or the fall during service. That examination distinguished the current symptoms and diagnosis from that shown during service. Therefore, the Board finds that to be the most persuasive evidence. Accordingly, the Board finds that the preponderance of the evidence is against the claim for service connection for a lumbosacral spine disability and the claim is denied. 38 U.S.C. § 5107. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Cross, 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.