Citation Nr: 22014670
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 18-37 215
DATE: March 14, 2022

ORDER

Entitlement to service connection for a low back disorder is granted.

Entitlement to service connection for left lower extremity radiculopathy is granted.

FINDINGS OF FACT

1.  The Veteran's low back disorder began during active service.

2.  The Veteran's left lower extremity radiculopathy began during active service

CONCLUSIONS OF LAW

1.  The criteria for service connection for a low back disorder are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

2.  The criteria for service connection for a left lower extremity radiculopathy are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 2009 to August 2014.  

This matter is on appeal from a November 2014 rating decision.  

In March 2022, the Veteran had a hearing before the undersigned Veterans Law Judge.  

Service Connection

1.  Entitlement to service connection for a (a) low back disorder and (b) left lower extremity radiculopathy.  

The Veteran asserts that his current low back disorder and left lower extremity radiculopathy began during active duty.  

The Board concludes that the Veteran has current disabilities that began during active service or within one year of 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 February 2015 MRI, taken about six months after the Veteran's August 2014 separation from service indicated that the Veteran had mild degenerative disc disease, with a left-sided herniation, and slight impingement of the left L5 nerve root.  In June 2015, Dr. J.R.J. diagnosed the Veteran with left leg radiculopathy, left L4-5 paracentral disc herniation with slight caudal migration, and mild L4-5 and L5-S1 degenerative disc disease.  Such evidence shows that the Veteran has current diagnoses.  

The Board also notes that during service, the Veteran was seen for complaints of back pain and lower extremity numbness.  Thus, the question becomes whether the current disabilities are related to service.  On this question there is probative evidence in favor of and against the claim.

The evidence against the claim includes a September 2014 VA examination that only diagnosed the Veteran with back strain and did not find radiculopathy.  The VA examiner did not provide a medical opinion.  

The evidence in favor of the claim includes service treatment records that document complaints of, or treatment for, back pain and numbness.  Additionally, the Board notes that the 2015 MRI and June 2015 medical evidence from Dr. J.R.J. diagnosed the Veteran with the claimed disorders shortly after service, with MRI evidence.  Furthermore, the Veteran has provided credible reports as to the chronicity of his symptomology since service.

Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's currently claimed low back disability and left lower extremity radiculopathy.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for a low back disorder and left lower extremity radiculopathy is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.