Citation Nr: 21030670 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 15-35 638 DATE: May 19, 2021 ORDER Service connection for a lumbar spine condition, to include lumbar bulging disc and degenerative joint disease (DJD), is granted. Service connection for right lower extremity radiculopathy, to include as secondary to lumbar spine DJD, is granted. Service connection for left lower extremity radiculopathy, to include as secondary to lumbar spine DJD, is granted. FINDINGS OF FACT 1. Affording the Veteran the benefit of doubt, the evidence of record is evenly balanced for and against ("equipoise") finding that her currently diagnosed lumbar spine DJD began in service and is causally linked to a fall the Veteran experienced while serving on active duty. Specifically, a newly submitted March 2021 medical opinion contained a positive causal link ("nexus") opinion which was well supported by an adequate rationale and March 2021 lay statements corroborating the Veteran's reports of ongoing symptoms after the fall during service. 2. Affording the Veteran the benefit of doubt, the evidence of record is evenly balanced for and against ("equipoise") finding that her currently diagnosed right lower extremity radiculopathy is causally linked to or aggravated by the Veteran's lumbar spine DJD as a result of a fall the Veteran experienced while serving on active duty. Specifically, a newly submitted March 2021 medical opinion contained a positive causal link ("nexus") opinion which was well supported by an adequate rationale and March 2021 lay statements corroborating the Veteran's reports of symptoms after the fall during service. 3. Affording the Veteran the benefit of doubt, the evidence of record is evenly balanced for and against ("equipoise") finding that her currently diagnosed left lower extremity radiculopathy is causally linked to or aggravated by the Veteran's lumbar spine DJD as a result of a fall the Veteran experienced while serving on active duty. Specifically, a newly submitted March 2021 medical opinion contained a positive causal link ("nexus") opinion which was well supported by an adequate rationale and March 2021 lay statements corroborating the Veteran's reports of symptoms after the fall during service. CONCLUSIONS OF LAW 1. The criteria have been met for service connection for a lumbar spine condition, to include lumbar bulging disc and DJD. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. 2. The criteria have been met for service connection for right lower extremity radiculopathy, to include as secondary to lumbar spine DJD. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309, 3.310. 3. The criteria have been met for service connection for left lower extremity radiculopathy, to include as secondary to lumbar spine DJD. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the Army and Army National Guard for twenty-seven years. The Veteran served on active duty from April 1982 to August 1982, February 2003 to October 2003, and March 2007 to May 2008. These matters are before the Board of Veterans Appeals (Board) from a June 2014 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified at a March 2019 Board hearing before the undersigned; a transcript of which is associated with the record. In an August 2019 Board decision, the Veteran's claims for service connection were denied. The Veteran appealed to the United States Court of Appeals for Veterans Claims. The Court issued an April 2020 Order which granted a Joint Motion for Remand and vacated the August 2019 Board decision. SERVICE CONNECTION 1. Service connection for a lumbar spine condition, to include lumbar bulging disc and DJD, is granted. For the reasons outlined in more detail above in the Findings of Fact section, the appeal for service connection for a lumbar spine condition, on the merits, is granted. 2. Service connection for right lower extremity radiculopathy, to include as secondary to lumbar spine DJD, is granted. For the reasons outlined in more detail above in the Findings of Fact section, the appeal for service connection for right lower extremity radiculopathy, on the merits, is granted. 3. Service connection for left lower extremity radiculopathy, to include as secondary to lumbar spine DJD, is granted. For the reasons outlined in more detail above in the Findings of Fact section, the appeal for service connection for left lower extremity radiculopathy, on the merits, is granted. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Williams, 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.