Citation Nr: 22016909
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 13-27 900
DATE: March 23, 2022

ORDER

Entitlement to service connection for low back condition is granted.

FINDING OF FACT

Resolving all reasonable doubt in favor of the Veteran, the Veteran's low back condition was aggravated beyond its natural progression by his service-connected knee condition.

CONCLUSION OF LAW

The criteria for entitlement to service connection for low back condition have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Navy from January 1982 to October 1990. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from   a June 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This claim was last before the Board in October 2021 where it was remanded for additional development.

Entitlement to service connection for low back condition

The Veteran contends that his low back condition had its onset during service. Alternatively, he contends that his low back condition is secondary to his service-connected knee condition, to include gait accomodation and obesity from his inability to maintain a successful exercise regimen due to his service-connected knee condition. 

Service connection may be granted for a disability that is proximately due to,        or aggravated by, service-connected disease or injury.  38 C.F.R. § 3.310. The question for the Board is whether the Veteran has a current disability that is proximately due to or the result of, or was aggravated beyond its natural progress by service-connected disability.

The September 2017 VA examination shows the Veteran has a current disability    of lumbar spine degenerative disc disease, and the December 2021 VA examiner,   in an addendum opinion, opined that his low back condition was at least as likely as not aggravated beyond its natural progress by his service-connected knee condition. The rationale was, "It is well understood that gait deviations can cause stress to other structures of the musculoskeletal system, such as the low back," and that it is at least as likely as not that the Veteran's "knee condition aggravated his low back due to abnormal gait."

Upon review of the record, the Board finds the evidence to at least be in approximate balance as to whether the Veteran's current low back condition is aggravated beyond its natural progression by his service-connected knee condition.  To the extent that the December 2021 examiner was unable to establish a baseline 

 

and specific degree of aggravation beyond that baseline, the Board resolves doubt in favor of the Veteran. Accordingly, the Board finds that service connection for low back condition is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102. 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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.