Citation Nr: 21026487 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 18-22 989A DATE: May 3, 2021 ORDER Entitlement to service connection for mild degenerative disc disease, thoracolumbar spine with mild compression fractures is granted. Entitlement to service connection for bilateral lower extremity radiculopathy is granted. FINDINGS OF FACT 1. The Veteran's mild degenerative disc disease, thoracolumbar spine with mild compression fractures is etiologically related to service. 2. The Veteran's bilateral lower extremity radiculopathy is etiologically related to service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for mild degenerative disc disease, thoracolumbar spine with mild compression fractures have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. 2. The criteria for entitlement to service connection for bilateral lower extremity radiculopathy have been met. 38 U.S.C. §§ 1110, 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 August 2002 to November 2006. He appeals a May 2017 rating decision denying entitlement to service connection for mild degenerative disc disease, thoracolumbar spine with mild compression fractures and a January 2018 rating decision denying entitlement to service connection for bilateral lower extremity radiculopathy. In March 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of that hearing is of record. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304, 3.307, 3.309, 3.310. Generally, the evidence must show: (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. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). 1. Entitlement to service connection for thoracolumbar degenerative disc disease (DDD). 2. Entitlement to service connection for bilateral lower extremity radiculopathy. The Veteran contends that his thoracolumbar DDD and bilateral lower extremity radiculopathy are attributable to active service. After review of the evidence, the Board finds that service connection is warranted. A review of the Veteran's service treatment records shows complaints of and treatment for low back pain and bilateral lower extremity pain in service. Specifically, the Veteran contends that he originally hurt is back during combat operations in Iraq and later aggravated the condition during exercise. In September 2006, a medical examiner diagnosed the Veteran with sciatica. According to an October 2017 disability benefits questionnaire (DBQ) conducted by a private medical examiner and submitted by the Veteran, he was first diagnosed with thoracolumbar DDD and bilateral lower extremity radiculopathy in 2012. The Veteran contends that he first injured his back during combat exercises in Iraq. The Board observes that Veteran is competent to describe his ongoing symptoms, in-service duties, and his statements are credible in this regard. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Layno v. Brown, 6 Vat. App. 465 (1994). Specifically, he asserts that he was ejected from a vehicle on two separate occasions when they were hit by IED's. He also contends that he was forced to jump off the roofs of buildings on a daily basis after clearing them of enemy combatants. He argues that he felt a 'jarring' sensation in his low back each time. He states that he started to experience constant low back pain with intermittent shooting pains through his legs that has continued since service. The Veteran and his wife admitted to the October 2012 examiner that his back condition had improved somewhat after separation from the military, but any attempt to do manual labor results in a flare-up. Based on the Veteran's competent and credible reports of observable symptoms (continuous pain), the Board finds that continuity of symptomatology since service has been established. As to nexus, the October 2012 private examiner opined that the Veteran's low back and lower extremity disabilities are more likely than not due to his military service, reasoning that he did not have such issues before service and they have remained chronic since separation. In addition, although the Veteran admits to being in some 'fender benders' since service, the evidence does not show, and the Veteran denies, any treatment for other low back trauma post-service. The Board finds the opinion of the October 2012 private examiner persuasive and highly probative. The opinion was rendered by a qualified medical professional after in-person examination of the Veteran and review of his medical history. Therefore, based on the competent and credible lay and medical evidence of record, the Board finds that a nexus between the Veteran's claimed disabilities and service has been established. In conclusion, the Board finds that the preponderance of the evidence weighs in favor of the Veteran's claim for service connection for low back and lower extremity disabilities. Accordingly, the claim is granted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Daniel Ballinger, Associate Counsel