Citation Nr: 21007348 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 15-12 282 DATE: February 9, 2021 ORDER Entitlement to service connection for a low back disability is denied. FINDING OF FACT The preponderance of the evidence is against finding that a low back disability began during active service or is otherwise related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for a low back disability are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served in the United States Army from January 1977 to December 1984. This matter appears before the Board of Veteran’s Appeals (Board) on appeal of January 2014 rating decision of the Regional Office (RO) in Guaynabo, Puerto Rico. In December 2018, the Board remanded the Veteran’s claim to the Agency of Original Jurisdiction (AOJ) to obtain a VA examination addressing the nature and etiology of the Veteran’s low back disability. VA requested an examination in September 2019. An examination was completed later that month; however, a second examination was completed in November 2020. Accordingly, the Board finds substantial compliance with the Board’s December 2018 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008). Entitlement to service connection for a low back disability The Board finds that the preponderance of the evidence is against granting the Veteran’s claim of entitlement to service connection for a low back disability. Essentially, the Veteran contends that his time as a paratrooper in service caused his current low back disability. The evidence instead shows that the Veteran’s low back disability is more likely due to his age. Service connection may be granted 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. The three-element test for 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 in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The Veteran was diagnosed with degenerative arthritis of the spine and lumbar spondylosis in October 2010. Specifically, the Veteran was diagnosed with severe L4/S1 degenerative disc intervertebral osteochondrosis with associated spondylosis deformans. The Veteran contends that his current low back disability is related to his time as a paratrooper. The Veteran’s DD-214 confirms he earned his parachutist badge. Additionally, the Veteran’s service treatment records include multiple flight physicals. The Veteran’s service treatment records are silent for any complaints of, treatment of, or diagnosis of any low back pain or disability. The Board acknowledges that the Veteran asserted that it was frowned upon to seek treatment and potentially be removed from flight status. The Veteran underwent VA examination in September 2019. The examiner indicated the Veteran did not have a low back diagnosis and that the Veteran reported not filing a claim for service connection for a low back disability. This examination is not consistent with the rest of the evidence of record showing the Veteran has a current disability and contends its related to service. Consequently, the Board gives this examination little probative value. The Veteran again underwent VA examination in November 2020. The examiner diagnosed the Veteran with degenerative arthritis of the spine and lumbar spondylosis. The Veteran reported not recalling any specific events in service that could cause such pain and that he currently experienced pain with weekly flare ups. The examiner opined that the Veteran’s current low back disability is less likely than not related to his service, including as a paratrooper. The examiner explained that the Veteran’s condition is more likely caused by aging than his time as a paratrooper. The examiner further explained that the Veteran didn’t report any traumatic incidents in service which would lead to his current condition. Also of record are the Veteran’s post-service VA treatment records. The Veteran sought treatment for back pain and was given his diagnosis in October 2010. Since then the Veteran has sought treatment for his low back disability numerous times; however, none of the treatment notes indicate any connection with service. There is no link between his current low back disability and his service in these records. The Veteran believes his low back disability is related to an in-service injury, event, or disease. The Veteran in this case is not competent to provide a nexus opinion regarding this issue. 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 he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the November 2020 VA examination. Accordingly, the Board finds that entitlement to service connection for a low back disability is not warranted. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. N. Fournier, 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.