Citation Nr: 21031479 Decision Date: 05/22/21 Archive Date: 05/22/21 DOCKET NO. 17-21 954 DATE: May 22, 2021 ORDER Service connection for low back disability is granted. FINDINGS OF FACT The Veteran's low back disability had its onset in service. CONCLUSIONS OF LAW The criteria for service connection for low back disability have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Navy from November 1966 to August 1970. The Veteran presented sworn testimony at a hearing before the undersigned in December 2019. In June 2020, the Board remanded the issue of entitlement to service connection for low back condition and entitlement to service connection for a skin disorder, to include shingles for additional development. In a January 2021 rating decision, the RO granted service connection for herpes zoster (claimed as shingles), with a noncompensable rating, effective July 16, 2016. Therefore, that issue is no longer before the Board. Service Connection Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (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 present disability). See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); 38 C.F.R. § 3.303(a). Service connection for low back condition The Veteran asserts that he is entitled to service connection for a back condition that is related to service. Specifically, he testified that his back disability began after he injured his back while carrying 50 to 120 lb pallets during service and has been recurrent since that time. See December 2019 Hr'g Tr. at 5; see also September 2016 Correspondence. The Veteran reported that he sought treatment in service; however, the physician concentrated on his hernia rather than his low back injury so there is no record of the low back injury during service. Id. The Board finds that service connection for a back disability is warranted as the evidence shows that his functional impairment had its onset in service and has been recurrent since that time. The Board notes, that the Veteran has multiple diagnoses including: degenerative arthritis of the spine; low back pain; nonspecific straightening of the lumbar lordosis, with mild to moderate intervertebral disc height loss, greatest at L5-S1, and endplate sclerosis and well as moderate L4-L5 and L5-S1 facet degenerative changes, with no acute fracture, dislocation, or suspicious osseous abnormality. See January 2020 Clinic Addendum; see also November 2020 Back Conditions DBQ; March 2018 Assessment. In March 2020, the Veteran's ex-wife submitted a statement that when she wed the Veteran in 1973, he already suffered from recurrent back pain, that the Veteran had consistently reported that it was the result of heavy lifting during service. See March 2020 Buddy Statement. In March 2020, the Veteran's current wife submitted a supporting statement that the Veteran has had recurrent back problems throughout their 17-year marriage. See March 2020 Buddy Statement. The Board acknowledges the November 2020 VA examiner's negative nexus opinion and reasoning. The examiner acknowledged the Veteran's reported lumbar strain during service. However, he reasoned that the Veteran January 2020 x-ray report only shows mild degenerative arthritic changes of the lumbar spine and was therefore less likely incurred by his episode of back strain in 1968. However, the Board finds the evidence, including the Veteran's statements, testimony and buddy statements, show the Veteran's back condition began during service and has been recurrent since that time. The Veteran is competent to report back problem symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno v. Brown, 6 Vet. App. 465 (1994). As such, service connection is granted. See 38 C.F.R. § 3.303(a). The Veteran is competent to report back problem symptoms that began in service and the Board finds the Veteran's statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. As such, service connection is granted. See 38 C.F.R. § 3.303(a). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jacquelynn M. Jordan, 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.