Citation Nr: 22011797 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 16-27 557A DATE: March 2, 2022 ORDER Service connection for degenerative lumbar spondylosis with disc desiccation is granted. FINDING OF FACT The Veteran's degenerative lumbar spondylosis with disc desiccation is related to low back injuries in service. CONCLUSION OF LAW The criteria for service connection for degenerative lumbar spondylosis with disc desiccation 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 service in the U.S. Air Force from September 1961 to September 1981. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision. The Board denied this claim in a March 2019 decision. The Veteran appealed that denial to the U.S. Court of Appeals for Veterans Claims (Court). Pursuant to a January 2020 Joint Motion for Remand (JMR), the Court remanded the matter back to the Board for further adjudication. The Board again denied the claim in a January 2021 decision. The Veteran appealed to the Court once more, and the matter has returned to the Board following an October 2021 JMR. Degenerative lumbar spondylosis with disc desiccation The Board concludes that the Veteran has a current disability that related to injuries sustained during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A December 2014 VA examination shows the Veteran has a current diagnosis of degenerative lumbar spondylosis with disc desiccation. During service, the Veteran was seen for low back pain in October 1963, April 1969, and May 1981. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes the December 2014 VA examiner's opinion that the current disability was not related to service. He stated that the Veteran's April 1981 separation examination, as well as a post-service November 1981 VA examination, failed to show any evidence of lumbar spine abnormalities, including on x-ray findings. He stated that the current disc degeneration and arthritis were common developments, and that such age-related changes were present in almost all individuals over the age of 50. The evidence in favor of the claim includes an October 2020 private opinion. That physician stated it was at least as likely as not that the Veteran's current low back condition began during his time in service. He noted the three documented in-service complaints of back pain, as well as additional back injuries reported by the Veteran which were not recorded. He also disagreed with the VA examiner's assessment of age-related changes, instead finding that the Veteran's case was a straightforward case of back pain related to facet joint disease which developed over time from the 1963 incident to the present. He stated that it would be incorrect to attribute current back pain to age-related changes given the multiple instances of back pain from service. Upon review of the record, the Board finds there is an approximate balance of positive and negative evidence as to whether the Veteran's current low back disability arose in service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for degenerative lumbar spondylosis with disc desiccation is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shamil Patel, 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.