Citation Nr: 22011569 Decision Date: 03/01/22 Archive Date: 03/01/22 DOCKET NO. 17-54 687 DATE: March 1, 2022 ORDER Entitlement to service connection for degenerative disc disease of the lumbar spine is granted. FINDING OF FACT The Veteran's degenerative disc disease of the lumbar spine is related to his military service. CONCLUSION OF LAW The criteria for service connection for degenerative disc disease of the lumbar spine are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from November 1983 to April 1984 and from June 7, 2003 to June 21, 2003. The Veteran also had service in the National Guard with various periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) until his retirement in May 2004. This matter comes before the Board of Veterans' Appeals (Board) from the June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at an April 2021 hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for degenerative disc disease of the lumbar spine The Veteran contends that his degenerative disc disease of the lumbar spine is related to his military service. During the hearing held in April 2021, the Veteran testified that he sustained back pain during basic training while doing sit-ups. He also conceded that in 1986 he had an injury involving his shoulder and neck at a civilian job. The Veteran also testified that he injured his back during active duty training in the Summers of 1996 and 1997. Certain chronic diseases will be presumed related to service if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). The Veteran has a current diagnosis of degenerative disc disease as evidenced by the VA treatment and examination records. Arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331. The Board notes initially that there are indications in the claims file that the Veteran's service medical treatment records and service personnel records are not complete. However, a sworn statement dated in June 2000 from a retired E8 recounts that the Veteran injured his back while doing sit ups for the annual APFT for the year 1996. A June 2000 statement of medical examination and duty status notes that the Veteran was doing a physical examination and while doing sit-ups in August 1997, he injured his back in the line of duty. The document is signed by a doctor, Kathleen Moore, but the portion to be completed by the unit commander is not filled in. A private medical treatment record dated in December 1997 from the Bend Memorial Clinic notes that the Veteran had a history of being seen for low back pain in November 1996. Then in August 1997 he took a physical fitness test with the National Guard and felt burning in his hip when doing sit ups. He also had pain in the left leg from hip to toe. The diagnosis was sciatica displaced disk. A record dated in September 1999 from the Madigan Army Hospital notes a history of having a back injury in October 1996 while doing an Army Physical Fitness Test (APFT). An MRI noted a herniated disc. A permanent profile was recommended. Post-service, VA and private treatment records show that he continued to seek treatment for the same symptoms for years after. The Board has noted that there are indications that a back disorder may have existed prior to the injuries during service in 1996 and 1997. As discussed in the previous decision by the Board in September 2011, April 1987 treatment records show that there was a slight narrowing of the L5-S1 disc space. May 1987 treatment records noted that the Veteran initially injured himself in January 1987 when he lifted a propane tank at work. It was reported that the Veteran's pain worsened in the initial 24 hours. The Veteran mainly complained of pain in his upper back but also complained of pain in the lower back. The examiner provided a diagnosis of chronic back strain. A service medical examination dated in February 1994 shows no back disabilities. However, the Veteran reported recurrent back pain. Even if a back disorder did pre-exist service, a November 2011 private opinion stated that there "is no question that [the Veteran's] injury while in service is his reason for treatment of his back and his pain." The examiner stated that if the Veteran had a preexisting arthritis condition, it was "definitely worsened" when he was doing his training. (Continued on the next page) Therefore, based on the medical and lay evidence of record, the Board finds that the Veteran's back condition is related to his military service and service connection is warranted. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mountford, 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.