Citation Nr: 22011787 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 19-13 255 DATE: March 2, 2022 ORDER Service connection for a low back disability is granted. VETERAN'S CONTENTIONS The Veteran contends that he developed a low back disability as a result of his duties related to his military occupational specialty (MOS) as Armor Crewman. Specifically, the Veteran contends that he injured his back while loading main gun rounds onto a tank. FINDING OF FACT The Veteran's low back disability had its clinical onset during his active service. CONCLUSION OF LAW The criteria for service connection for a low back disability are met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1977 to October 1994. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction is currently with the RO in Waco, Texas. The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) via videoconference in October 2021 and a transcript of the hearing has been associated with the claims file. The Board notes that the Veteran previously filed a claim for entitlement to service connection for back pain that was denied in a December 1994 rating decision. The Veteran was notified of that denial in December 1994 and, as the Veteran neither appealed nor submitted additional evidence within one year of the decision, it became final. Pursuant to 38 C.F.R. § 3.156, a claimant may reopen a finally adjudicated claim by submitting new and material evidence. The Board finds that such evidence has been received and it will reopen the pending claim for service connection. As such, the case is in a posture such that the Veteran's claim may be addressed on its merits. Entitlement to service connection for a low back disability Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. This means that the facts establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). 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 current disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical evidence. VA must also consider all favorable lay evidence of record. See 38 U.S.C. § 5107(b); see also Layno v. Brown, 6 Vet. App. 465, 469-70 (1994) (a Veteran is competent to report on that of which he or she has actually observed and is within the realm of his or her personal knowledge). Here, in addressing the criterion of a current disability, the Veteran's VA treatment records document a current diagnosis of low back pain (bulging discs). See November 2018 Temple VA Clinic Records. The Veteran also described having functional limitations with lifting as a result of his low back pain. See Hearing Transcript at 8. Given the functional impairment imposed by the Veteran's low back condition, the criteria of a current diagnosis are met. See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018) Next, in addressing in service incurrence, the Board first notes that, as a layperson, the Veteran is competent to describe and identify back pain. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (stating that a veteran is competent to report on all things of which he has personal knowledge derived from his own senses). The Veteran testified during the October 2021 Board hearing that he first experienced back pain in service while loading main gun rounds onto a tank. See Hearing Transcript at 2. The Veteran further testified that he has continued to have back pain since service. See Hearing Transcript at 11. The Board finds the Veteran's testimony regarding his in-service incurrence and continuity of symptomatology to be credible. In support of his claim, the Veteran's service treatment records (STRs) document that the Veteran complained of low back pain and his post-service treatment records document ongoing treatment for low back pain since 1996. In sum, given the Veteran's competent and credible testimony regarding the chronic nature of low back pain that began in service, the Board finds that service connection for a low back disability is warranted. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith-Jennings, 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.