Citation Nr: 22010530 Decision Date: 02/23/22 Archive Date: 02/23/22 DOCKET NO. 16-43 564 DATE: February 23, 2022 ORDER Entitlement to service connection for a lower back disability is GRANTED. FINDING OF FACT Affording the Veteran the benefit of the doubt, his current lower back / lumbar spine disability was incurred during active-duty service in the U.S. Army. CONCLUSION OF LAW The criteria for service connection for a lower back disability have been met. 38 U.S.C. §§ 1101, 1131, 1133, 5103, 5103A, 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Army from September 1979 to September 1992, and from July 2006 to October 2007. Entitlement to service connection for a back disability is granted. In July 2016, the agency of original jurisdiction (AOJ) issued a statement of the case (SOC), which addressed the issue on appeal, denying service connection for a lower back injury. In August 2016, the Veteran submitted a VA Form 9. Therein, the Veteran appealed the denial of service connection for a back disability to the Board of Veterans' Appeals. Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In April 2014, the Veteran's service treatment records (STRs) were associated with the claims file. The Board notes that, in May 1987, the Veteran was seen for lower back pain that was accompanied by spasms. The military provider assessed spastic lower / lumbar muscles and decreased range of motion (ROM). In an October 2008, after a post-deployment heath reassessment, the Veteran received a line of duty (LOD) for stiff / painful joints of the back. In August 2014, the Veteran underwent a VA examination that addressed the nature and etiology of lower back conditions. At that time, the examiner reported a diagnosis for the residuals of a lumbar spine discectomy. The Veteran reported that he started to experience lower back pain after a 1987 in-service soccer match. The examiner opined that it was less likely than not that his back disability was caused by or the result of the event that occurred during active duty. In June 2020, the Veteran supplied sworn testimony to the undersigned Veterans' Law Judge (VLJ). The Veteran testified that he first injured his back playing soccer during U.S. Army service. Through testimony, the Veteran relayed that the back pain continued, and progressed, during his National Guard service and a 2006 to 2007 deployment in the Middle East. In November 2020, the Board addressed the Veteran's claim for service connection for a low back / lumbar spine disability. At that time, the Board remanded the claim in order to provide the AOJ an opportunity to review additional pertinent evidence and issue a Supplemental Statement of the Case (SSOC). In December 2020, an examiner's opinion was associated with the claims file. After identifying the review of the Veteran's medical history, and the medical literature addressing the issue, the examiner opined that is at least as likely as not that the Veteran's current lower back pain is a direct result of U.S. Army service. During the claim period, the Board observes that the Veteran has endured a lower back pain disorder. Additionally, the Board observes that the Veteran was seen for lower back pain and spasms during active-duty service in the U.S. Army. Consequently, the first and second requisite elements for direct service connection have been substantiated. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden, 381 F.3d at 1167. Regarding the third element (a nexus to service), the Board observes that there are conflicting medical opinions. Both examinations considered the Veteran's medical history and reports of pain continuing since service. As there is an approximate balance between the favorable and unfavorable opinion, the Board will resolve reasonable doubt in the Veteran's favor and grant the appeal. Accordingly, service connection for a low back disability is granted. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.