Citation Nr: 21012354 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 15-33 940 DATE: March 4, 2021 ORDER Service connection for a back disability is denied. Service connection for bilateral hip condition is denied. REMANDED The claim for service connection for a neck disability is remanded. FINDINGS OF FACT 1. The evidence does not show that the Veteran’s back disability began during or was otherwise caused by his active service. 2. The evidence does not show that the Veteran has a currently diagnosed hip condition. CONCLUSIONS OF LAW 1. The criteria for service connection for a back disability have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. 2. The criteria for service connection for bilateral hip condition have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1985 to April 1988. A February 2019 Board decision remanded the issues for further developments, to include to obtain medical records from the Huttonsville Correctional Facility during his incarceration from February 2014 to April 2018, and to conduct VA examination or obtain medical opinion if the Agency of Original Jurisdiction (AOJ) deemed appropriate. Service Connection 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 military service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) 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 (nexus). Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Back The Veteran asserted in a July 2014 statement that he had lower back pain and hip pain from his job in the Navy, working and loading A-7 Corsairs. The pain was quite severe at times and it was in his back and neck. During his VA examination in July 2020, the Veteran reported that he performed heavying lifting during service, that he also strained his back and fell down the ladders on the ship, and that his back started bothering him in the early 1990s. The examiner diagnosed him with degenerative joint disease of the lumbar spine, but opined that the back condition was less likely than not (less than 50 percent probability) incurred in or caused by the service. The examiner provided the following rationale: There is no evidence of a chronic back condition or injury in the service treatment records. The one mention of back pain in the service is in relation to an acute sickness and not a true back condition. Veteran reports back pain began in the 1990s. Treatment records indicate veteran was in an MVA in the 1990s, but these records are not available for review. Service treatment records (STRs) show that the Veran was seen in January 1987, he complained of headaches, back pain, sweating, and being hot. The assessment was head congestion. His separation physical in March 1988 did not note any back or hip problems. At his report of medical history in conjunction with the separation physical, the Veteran denied recurrent back pain, while reporting high or low blood pressure. Medical records from Huttonsville Correctional Center showed that the Veteran was previously hospitalized due to a motor vehicle accident and was previously diagnosed with hypertension. Records in July 2017 show that the Veteran reported that he did not have any medical problems at that time, and that he used to have nose bleeds, but not anymore. A health assessment in January 2018 did not note any back problems. Private MRI dated January 2020 revealed degenerative changes of the lumbar spine without significant degenerative neural compromise. While the Veteran believes his back disability is the result of his active service, he lacks the medical training and expertise to provide a complex medical opinion as to the etiology of such a disability. See Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007). As such, his opinion is insufficient to provide the requisite nexus in this case. For that reason, a VA medical opinion of record was obtained, but as discussed above, that opinion is against the claim. This opinion has not been challenged or contradicted by other medical opinion. Accordingly, the criteria for service connection for a back disability have not been met, and the claim is denied. 2. Hips The Veteran asserted in a July 2014 statement that he had lower back pain and hip pain from his job in the Navy, working and loading A-7 Corsairs. Service treatment records (STRs) do not show any complains of or treatment for any hip problems. His separation physical in March 1988 did not note any hip problems. At his report of medical history in conjunction with the separation physical, the Veteran did not report any hip pain, while reporting other problems such as high or low blood pressure. Medical records from Huttonsville Correctional Center showed that the Veteran was previously hospitalized due to a motor vehicle accident and was previously diagnosed with hypertension. Records in July 2017 show that the Veteran reported that he did not have any medical problems at that time, and that he used to have nose bleeds, but not anymore. A health assessment in January 2018 did not note any hip problems. There are no medical records showing that any treatment for or complains of any hip conditions. The Board acknowledges that pain alone without underlying diagnosis may be considered a disability if causes functional impairment resulting in a decreased earning capacity. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). Here, the evidence of the record does not show that the Veteran’s hip pain has caused functional impairment, as the records do not show that he seeks treatment for his hip pain, and Medical records from Huttonsville Correctional Center showed that he reported in July 2017 show that that he did not have any medical problems at that time. Health assessment in January 2018 did not note any hip problems. In the absence of proof of a present disability there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Service connection for bilateral hip condition is denied. REASONS FOR REMAND 3. Neck The Veteran asserted in July 2014 that he had neck pain from his job in the Navy, working and loading A-7 Corsairs. An MRI dated January 2020 revealed cervical degenerative changes with areas of neural foraminal stenosis. As such, further development is warranted to assess the etiology of the Veteran’s neck condition. Therefore, the matter is REMANDED for the following action: Obtain a VA medical opinion to address the etiology of the Veteran’s neck condition. If a physical examination is necessary to answer the Board’s question, one should be scheduled. The examiner should answer the following questions: Is it at least as likely as not (50 percent or greater probability) that the Veteran’s neck condition either began during or was otherwise caused by his military service? Why or why not? In doing so, the examiner should address the Veteran’s lay statement that he had neck pain due to working and loading A-7 Corsairs during service (contained in a 9/17/2014 document entitled “VA 21-4138 Statement in Support of Claim”). MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Q. Wang, 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.