Citation Nr: A21020544 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 200302-72590 DATE: December 27, 2021 ORDER Entitlement to service connection for a back condition is granted. Entitlement to service connection for a left leg radiculopathy, as secondary to back condition is granted. FINDINGS OF FACT 1. The evidence demonstrates that the Veteran's back condition developed in service due to a training incident. 2. The Veteran's left leg radiculopathy is caused by his back condition. CONCLUSIONS OF LAW 1. The criteria for service connection for a back condition have been satisfied. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for left leg radiculopathy as secondary to service-connected back are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1987 to February 1992 in addition to service in the National Guard and Reserves. This matter is on appeal to the Board of Veterans' Appeals (Board) from a February and November 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the March 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran timely appealed the portion of the rating decision pertaining to the issue above and requested a hearing. 38 C.F.R. § 20.202. 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 service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an 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. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Entitlement to service connection for a back condition 2. Entitlement to service connection for a left leg radiculopathy, as secondary to back condition The Veteran contends that he injured his back in service and it has continued to hurt him since. Service treatment records demonstrate that the Veteran suffered back pain after lifting in February 1989. His records note a compression fracture of undetermined age and etiology. In February 1991, the Veteran again was examined for his back and no change was found. The Veteran recounts that during a training exercise, he was helping to lift a patient into an ambulance, the patient almost fell, he bent backwards to catch the patient and that is when he injured his back. A fellow Veteran submitted a statement corroborating this story and that the Veteran told him that his back hurt immediately at the time of the incident. See November 2019 Buddy Statement. The Veteran additionally reported that he reinjured his back when lifting, and that he continued to have back pain in service but did not report for treatment. See August 2021 Hearing Transcript. Additionally, the Veteran's wife recounts him being in pain since she knew him in 1997. See August 2010 Statement in Support of Claim. Originally, the Veteran underwent a VA examination in August 2010. The examiner stated that it is noted that the Veteran's back pain settled down until approximately five years ago. It is felt by this examiner that the present condition of the spine is less likely as not caused by or the result of the one incident of low back pain while on active duty. In November 2019, the Veteran submitted a private medical opinion from an examiner who reviewed his claim and his records. The examiner stated that this injury sounds consistent with lumbar radiculopathy, likely due to a disc injury. In March 1989, he was doing squats and had a recurrence of back pain, where he then presented for care. A review of his initial medical screening reveals no history of back pain or injury. According to the history and reviewed records, it is more than likely that this condition was caused by his initial injury in October 1988 during a field exercise. The mechanism and subsequent symptoms are consistent with a disc injury. The examiner suspects that his lumbar radiculopathy recurred with his weightlifting injury. It is common for a patient with one episode of lumbar radiculopathy to have recurrences and to be at high risk for developing post-traumatic arthritis. The Veteran underwent a second VA examination in July 2020. The examiner stated that given all of this evidence, it is plausible that the back pain started while in service and perhaps was absent for several years afterwards. However, the inconsistencies on history and exam make it difficult to confirm that the current back symptoms were in fact incurred in service. Therefore, it is less likely than not that the current back pain was incurred while in service. Finally, the Veteran submitted a second private positive opinion in September 2021, within 90 days of his hearing, but this opinion did not provide a rationale. The Board finds that the evidence demonstrates that his back injury and left leg radiculopathy are at least as likely as not related to his military service. Although the August 2010 examiner provided a negative opinion, the examiner did not adequately address the Veteran's lay statements as well as his wife's statements that he continued to suffer from back pain until he felt it was too bad and sought treatment. Additionally, the private opinion provides a detailed opinion regarding the injury and that such an event is likely to cause the type of injury that the Veteran suffered in service and that he continues to suffer from. The second VA opinion also stated that it is possible that the Veteran's current condition is related to his service, although that examiner ultimately provided a negative opinion. Overall, the evidence demonstrates that it is at least as likely as not that the Veteran's back condition is related to his military service. As such, service connection for a back condition is granted. As the Veteran's left leg radiculopathy is caused by his back condition, and his back condition is now service connected, secondary service connection is granted. See 38 C.F.R. § 3.310. P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Hofmeister 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.