Citation Nr: 22016405 Decision Date: 03/22/22 Archive Date: 03/22/22 DOCKET NO. 17-17 325 DATE: March 22, 2022 ORDER Service connection for a lumbar spine disability is granted. Service connection for a right knee disability is granted. FINDINGS OF FACT 1. Affording the Veteran the benefit of the doubt, she began experiencing symptoms of her current lumbar spine disability in service and has continued to experience such symptoms since that time. 2. Affording the Veteran the benefit of the doubt, she began experiencing symptoms of her right knee disability in service and has continued to experience such symptoms since that time. CONCLUSIONS OF LAW 1. The criteria for service connection for a lumbar spine disability are met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a right knee disability are met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had service in the Army National Guard from June 1975 to November 1982, to include a period of active duty for training (ACDUTRA) from September 13, 1975, to September 27, 1975. In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. Service Connection Lumbar Spine and Right Knee Disabilities Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Active service includes active duty, any period of ACDUTRA during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, any period of inactive duty for training (INACDUTRA) during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty, or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training. 38 U.S.C. § 101 (24); 38 C.F.R. § 3.6. Furthermore, a layperson is competent to report on the onset and continuity of his or her current symptomatology. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). The Veteran contends that her lumbar spine and right knee symptoms began after she fell down a flight of stairs during basic training ACDUTRA. Her service personnel records confirm that she was on ACDUTRA status from September 13, 1975, to September 27, 1975, and her service treatment records confirm an injury sustained on September 24, 1975. As such, the Board concludes that an injury occurred during active service. Further, the Veteran underwent VA examinations of her lumbar spine and right knee in March 2016. Those examination reports show that she has diagnoses of status post L5 disc herniation with laminectomy and right knee status post total knee arthroplasty, both of which are currently symptomatic. Thus, the current disability prongs of these claims are met, and the remaining question is whether these disabilities are medically linked to any incident of service or whether they onset therein. In October 2021, the Veteran testified that she began experiencing lumbar spine and right knee symptoms following a fall down a flight of stairs and that she continued to experience symptoms, ultimately leading to her lumbar spine and right knee surgeries. The Board finds that the Veteran's statements about the history (and onset) of her lumbar spine and right knee symptoms are credible and that these lay reports are sufficient to establish service connection. In addition, the Veteran submitted a May 2021 opinion from her private provider, Dr. M.M., MD. This physician opined that it is at least as likely as not that the Veteran's lumbar spine and right knee disabilities are related to her in-service fall down a flight of stairs. The doctor further stated that medical treatises and general medical knowledge, combined with the record, clearly point to such a nexus. The Board recognizes that the March 2016 VA examiner and a VA examiner who provided an addendum lumbar spine opinion in October 2017 did not opine in favor of service connection for the Veteran's lumbar spine and right knee disabilities. However, while the Board cannot ignore or disregard the VA examiners' medical conclusions [Willis v. Derwinski, 1 Vet. App. 66 (1991)], the Board is free to assess medical evidence and is not compelled to accept a medical opinion. Wilson v. Derwinski, 2 Vet. App. 614 (1992). The 2016 VA examiner was unable to provide a nexus opinion without resorting to speculation regarding the etiology of the Veteran's lumbar spine disability due to private medical records from the 1970s being unavailable. This examiner also opined against service connection for the Veteran's right knee disability based upon a lack of medical documentation of treatment until 2008, thereby ignoring the Veteran's competent lay reports regarding the onset and history of her symptoms. Likewise, the 2017 VA examiner was also unable to opine regarding the possibility of a medical nexus between the Veteran's lumbar spine disability and her in-service injury because her private treatment records from the 1970's were unavailable. The examiners' opinions as to the etiology of the Veteran's lumbar spine disability are not probative, as they do not actually opine for or against service connection. Also, the 2016 examiner's opinion against service connection for the Veteran's right knee disability did not sufficiently consider all pertinent evidence regarding the history and onset of her condition and is afforded little, if any, probative weight. Accordingly, the Board finds the Veteran's competent, credible reports of her lumbar spine and right knee symptoms having onset in active service to be the most probative evidence regarding the etiology of these disabilities, and they are further supported by the private opinion rendered by Dr. M.M. Thus, the weight of the evidence supports a finding that the Veteran's lumbar spine and right knee symptoms onset in service and have continued since then. Service connection for a lumbar spine disability and for a right knee disability is warranted, as they are current disabilities that onset in the Veteran's active service. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.