Citation Nr: 21010284 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 16-16 673 DATE: February 24, 2021 ORDER The service connection claim for a low back disability is granted. FINDING OF FACT Resolving all reasonable doubt in favor of the Veteran, he has a chronic back disability that was incurred in service, as the result of an in-service injury. CONCLUSION OF LAW The criteria for service connection claim for a low back disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1969 to October 1971. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. In October 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of this hearing is of record. In February 2020, the Board remanded the case to the RO for further evidentiary development. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in, or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. That determination requires a finding of a current disability that is related to an injury or disease in service. Service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury that was incurred or aggravated in service. 38 C.F.R. § 3.303(d). Generally, to establish service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. See, e.g., Davidson v. Shinseki, 581 F.3d 1313(Fed. Cir. 2009); Pond v. West, 12 Vet. App. 341 (1999). The Veteran asserts that his low back disability is causally related to his active service. Specifically, at his October 2019 videoconference hearing, the Veteran explained that although he did not report this incident at the time, he injured his back while playing football, during his period of active service, and that he continues to experience low back pain. He asserted that other than playing “intramural football here and there”, his capacity as a fuel mechanic, which was a highly physically demanding job, with a culmination of all his duties while he was on a flight line, is the reason why he has back problems today. Service treatment records (STRs) do not show any evidence of injuries, complaints, treatment, diagnoses, or incidents relating to a low back condition. However, a VA treatment record indicates that the Veteran reported to his treatment provider that he was hospitalized with “back traction” in 1975 due to an old football injury. See October 2009 Primary Care Note. Further, post service treatment records reflect a current diagnosis of degenerative disc disease of the lumbar spine, verified by X-ray imaging. See May 2010 Lumbar Spine Imaging Report. In support of his claim, the Veteran has submitted buddy statements from his wife and a fellow Veteran. In a February 2014 buddy statement, the Veteran’s wife, B.A.D. stated that she has been married to the Veteran for over 30 years, and that he has complained of lower back pain that he sustained from an injury while playing football for the U.S. Navy. Additionally, A.C.S., a fellow Veteran, stated that he has known the Veteran for more than 30 years, and that they have discussed health issues all throughout that time. He explained that they used to do physical workouts together, and that the Veteran indicated to him that his back injury occurred when he played football for the Navy, while stationed at Miramar Naval Air Station, near San Diego. He further stated that he has seen the Veteran’s back condition deteriorate over the years, with more frequent visits to the chiropractor and other doctors. The Veteran was afforded a VA examination for low back conditions in October 2020. After this examination, a VA examiner opined that the Veteran’s low back condition was less likely than not (less than 50 percent probability), incurred in or caused by an in-service injury, event, or illness. As the rationale for this opinion, the VA examiner reasoned, in pertinent part, that the Veteran reported that his pain started in the 1970s, possibly from playing football, and that this was also mentioned in a letter written by his wife, in support of his claim. However, he stated that he has not found any documents in his medical records documenting any complaints or evaluation for back pain issues during active duty service time. He further reasoned that due to lack of supporting evidence, he believes that the “claimed condition was less likely than not incurred in or caused by an in-service event”, and that “to ascertain that he injured his lower back while on [active] duty due to playing sports or other act would be merely speculative, especially without any records from [active] duty documenting an issues with the lower back.” The VA examiner, however, noted that the Veteran is a “heavy set tall man who[,] given his level of [physical activity,] including military training and service[,] one would expect arthritic changes over time[,] specially affecting main joints of locomotion.” Thus, here, the VA examiner seems to suggest that arthritic changes to the Veteran’s lumbar spine would be expected, given his tall, “heavy set” stature and level of physical activities, to include military training and service. However, although the VA examiner stated that there is lack of supporting evidence of complaints of evaluation for back pain issues during active service, the Board finds that this finding is contrary to the evidence of record. Particularly, the buddy statements of the Veteran’s wife and a fellow Veteran, which corroborated the Veteran’s report of an in-service football injury, constitute as credible lay evidence; and the October 2009 primary care note, which reflects that the Veteran was hospitalized with “back traction” in 1975 due to an old football injury, also constitutes as corroborating evidence of an in-service injury. As a matter of fact, the Board also finds that the Veteran’s statements about his in-service back injury, due to playing football, are trustworthy, as they were made for the purpose of a medical diagnosis, and well before he filed this claim. See White v. Illinois, 502 U.S. 346, 356 (1992). Thus, by resolving all reasonable doubt in favor of the Veteran, his chronic back disability was incurred in active service, and accordingly, service connection for a low back disability is granted. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V-N. Pratt 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.