Citation Nr: 21011351
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 19-24 224
DATE: March 1, 2021

ORDER

Service connection for degenerative disc disease is granted.

FINDING OF FACT

The Veteran has a diagnosis of degenerative disc disease, as per a October 2020 VA back examination; the Veteran provided competent and credible reports of a fall during a period of active duty for training (ACDUTRA) and observable symptoms of low back pain that began immediately following the fall and have persisted until the present day, e.g., November 2016 statement and August 2019 VA Form 9. [The October 2020 VA medical examiner appeared to not disregard the Veteran’s lay reports of the persistence of observable symptoms of back pain through the years.] 

CONCLUSION OF LAW

Service connection for degenerative disc disease is warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309; Savage v. Gober, 10 Vet. App. 488, 496 (1997).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1967 to November 1968, with additional service in the reserves. Specific to this appeal, prior to the Veteran’s active duty service he had a period of ACDUTRA in August 1966 . These matters are before the Board of Veterans’ Appeals (Board) on appeal from an August 2018 rating decision. The Veteran timely initiated his appeal in January 2019 and perfected it in August 2019. This matter was previously remanded by the Board for additional development in July 2020.

For the reasons explained above, the appeal is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Arritt, David

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.