Citation Nr: 21014788 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 16-53 166 DATE: March 15, 2021 ORDER Entitlement to service connection for osteoarthritis with sclerosis of the right sacroiliac (SI) joint, claimed as low back pain, is granted. FINDING OF FACT The Veteran’s osteoarthritis with sclerosis of the right SI joint is presumed to be related to his service. CONCLUSION OF LAW The criteria for service connection for osteoarthritis with sclerosis of the right SI joint have been met. 38 U.S.C. §§ 1101, 1112, 1113, 1131, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from February 1996 to February 1997. He received a general discharge under honorable conditions. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado, which denied service connection for lumbar spine osteoarthritis of the right SI joint. In March 2019, the Veteran had a hearing before the undersigned Veterans’ Law Judge. A transcript of that hearing was included in the Veteran’s claims file. In August 2019, the matter was remanded to the agency of original jurisdiction for additional development. That development was substantially completed, and a supplemental statement of the case was issued in July 2020. The matter has now returned to the Board. Sclerosis of the Right SI Joint Claimed as Back Pain. The Veteran has asserted that his low back pain should be granted service connection. Generally, service connection may be granted for disability or injury incurred in, or aggravated by, active military service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. In order to establish service connection for a claimed disorder, there must be (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999). Under 38 C.F.R. § 3.303(b), an alternative method of establishing the second and third Hickson elements is through a demonstration of continuity of symptomatology. Barr v. Nicholson, 21 Vet. App. 303 (2007); see Clyburn v. West, 12 Vet. App. 296, 302 (1999). Continuity of symptomatology may be supported by lay evidence. See Hickson at 253 (lay evidence of in-service incurrence sufficient in some circumstances for purposes of establishing service connection); 38 C.F.R. § 3.303(b). The theory of continuity of symptomatology can be used only in cases involving those conditions explicitly recognized as chronic under 38 C.F.R. § 3.309(a). See Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). The first element of service connection, a current disability, is supported by the record of evidence. The Veteran’s low back pain was diagnosed as osteoarthritis with sclerosis of the right SI joint at the April 2014 C&P Examination. A July 2020 addendum opinion also states the sclerosis is likely due to osteoarthritis. Osteoarthritis qualifies as a chronic disease as defined in 38 C.F.R. § 3.309. Therefore, service connection will be considered on a presumptive basis. The Veteran has reported that he experienced pain associated with his back since service. A November 1996 record indicates the Veteran had low back pain with cramps. It was associated with midline tenderness and muscle spasms. It was assessed to be mechanical low back pain. There are no medical records until February 2015 that show treatment for the current back condition, although the condition was documented in the April 2014 C&P Examination. The Veteran reports this was due to a lack of insurance, but that he had continuous pain over that period. The Veteran is competent to report his personal experiences, including pain. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). A treatment record in January 2017 by the Veteran’s regular provider states that the Veteran condition was chronic, but he did not report any other accident since service that was consistent with the pain. It is also noted the Veteran did not seek treatment despite chronicity due to a lack of insurance. The provider expressed a belief that the lumbar injury related back to the Veterans active service. The Board finds that the Veteran’s lay statements are both competent and credible. (Continued on the next page)   Medical opinions provided in December 2019 and July 2020 stand in contrast, stating the back condition is less likely than not related to service. However, these opinions are flawed as they rely on the lack of treatment records for the period between the Veteran’s service and February 2015. They provide no medical reasoning for why the Veteran’s lay statements should not be treated as credible. Absent a reason to find the Veteran’s statement credible, the negative opinions are not sufficient to overcome the presumption of service connection for a chronic disease with continuous symptomatology. Therefore, the competent, credible evidence of records establishes the Veteran has a chronic disease from which he has experienced continuous symptoms since active service. Thus, the criteria for service connection are met, and service connection for osteoarthritis with sclerosis of the right SI joint is warranted. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Reed, 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.