Citation Nr: 22012564 Decision Date: 03/04/22 Archive Date: 03/04/22 DOCKET NO. 20-08 613 DATE: March 4, 2022 ORDER Service connection for a low back disability is granted. FINDING OF FACT The Veteran's low back disability is at least as likely as not related to his active-duty service. CONCLUSION OF LAW The criteria for service connection for a low back disability have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1973 to March 1977 and from May 1978 to March 1986 in the United States Army. This matter comes before the Board of Veterans' Appeals (Board) from a May 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in February 2022. As this case is being decided under the one touch initiative, a hearing transcript will be associated with the file at a later date. The Veteran contends that his low back disability is related to several falls that occurred during service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Certain chronic diseases, including arthritis, will be presumed related to service if they were shown as chronic (reliably diagnosed) 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; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303, 3.307, 3.309. The Veteran has a current diagnosis of lumbosacral strain and degenerative arthritis. See April 2017 VA Examination. Additionally, his service treatment records (STRs) show that he was treated for low back pain in November 1976 and sustained a fall in December 1978 and injured his lower back. As such, the first two elements of service connection are satisfied. Turning to the third element, nexus, the evidence consists of an April 2017 VA examination, an August 2016 private opinion, and the Veteran's lay statements. The April 2017 VA examiner opined that the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The rationale stated that the service records reviewed showed no history of back pain prior to 1986. However, this is inconsistent with the Veteran's medical history as his STRs show treatment for low back pain in 1976 and 1978. Accordingly, the Board finds this opinion inadequate for adjudication purposes and afforded it no probative value. The August 2016 private physician opined that the Veteran's low back disability is more likely than not directly and causally related to the in-service injuries. The physician considered the Veteran's reported in-service injuries and stated that the Veteran has suffered from progressive low back pain which is now constant in varying degrees. The opinion is consistent with the Veteran's medical history. Moreover, the medical evidence of record shows that the Veteran has had back pain since his in-service injuries. As such, the Board finds this opinion highly probative. Based on the foregoing, the Board finds the Veteran's low back disability is at least as likely as not related to service. Accordingly, service connection for a low back disability is granted. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Kernen, 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.