Citation Nr: A26040468 Decision Date: 04/30/26 Archive Date: 04/30/26 DOCKET NO. 250916-587651 DATE: April 30, 2026 ORDER Service connection for a lumbar spine disability, to include degenerative arthritis, is granted. Service connection for a left lower extremity radiculopathy secondary to the service-connected lumbar spine disability is granted. Service connection for a right lower extremity radiculopathy secondary to the service-connected lumbar spine disability is granted. FINDING OF FACT 1. Resolving all reasonable doubt in the Veteran's favor, the evidence of record demonstrates that the Veteran's current lumbar spine disability was incurred in or otherwise the result of military service. 2. The Veteran's left lower extremity radiculopathy is proximately due to his service-connected lumbar spine disability. 3. The Veteran's right lower extremity radiculopathy is proximately due to his service-connected lumbar spine disability. CONCLUSION OF LAW 1. The criteria for service connection for a lumbar spine disability are met.? 38?U.S.C. §§ 1110, 1131, 5107;?38?C.F.R. §§3.102, 3.303. 2. The criteria for service connection for left lower extremity radiculopathy are met. 38 U.S.C. § 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. 3. The criteria for service connection for right lower extremity radiculopathy are met. 38 U.S.C. § 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1985 to December 1985 and from May 1989 to May 1993. The Board recognizes the Veteran's service to our country, and the sacrifices it necessarily entailed. This case is before the Board of Veterans' Appeals (Board) on appeal from an April 2025 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In that rating decision, the RO denied service connection for lumbar radiculopathy with degenerative arthritis. In the September 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2025 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Service Connection 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. See Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Consistent with this framework, service connection is warranted for a disease first diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. §3.303(d). In pertinent part, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. See Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). Lay assertions may serve to support a claim for service connection by establishing the occurrence of observable events or the presence of disability or symptoms of disability subject to lay observation. 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall resolve all reasonable doubt in favor of the claimant. 38 U.S.C. § 5107(b). Reasonable doubt means one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. 38 C.F.R. § 3.102. If the positive and negative evidence is in approximate balance (which includes but is not limited to equipoise), the claimant receives the benefit of the doubt. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). Lumbar Spine Disability The Veteran asserts that his lumbar spine disability is related to active-duty service. Specifically, he asserts his lumbar spine disability is "the direct result of carrying heavy objects, physical training, and the airborne operations [he] participated in while on active duty, including 55 parachute jumps." See Statement in Support of Claim, September 20, 2024. According to a March 2025 VA Back examination, the Veteran has a current diagnosis of degenerative arthritis of the lumbar spine. See C&P Exam, April 1, 2025. The Veteran's April 1989 entrance examination showed a normal back at the time of entry onto active duty. See STR - Medical, May 20, 2020. The Veteran was awarded the parachute badge. Id. With respect to a nexus, the Veteran submitted a medical opinion from nurse practitioner A.E. who concluded, Based on my knowledge, training, and clinical experience, the documentation from the encounter on September 9, 2024, and the body of medical literature (some notable examples provided below) explaining the pathophysiological processes involved, it is more likely than not that the intensity and frequency of physically demanding activities inherent in military service led to [the Veteran's] back symptoms, resulting in a chronic thoracolumbar spine condition. See Medical Treatment Record - Non-Government Facility, September 20, 2024. Accordingly, the most probative medical evidence of record suggests that the Veteran has a current lumbar spine disability that is related to active-duty service. The evidence is therefore at least evenly balanced as to whether the Veteran's lumbar spine disability is related to his active-duty service. As the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran, entitlement to service connection for a lumbar spine disability is warranted. 38 U.S.C. §5107(b); 38 C.F.R. §§3.102, 3.303(d); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). Bilateral Lower Extremity Radiculopathy According to a March 2025 VA Back examination, the Veteran has a current diagnosis of lumbar radiculopathy of both the left and right lower extremity. See C&P Exam, April 1, 2025. As noted above, the Veteran is now service-connected for a lumbar spine disability to include degenerative arthritis. Regarding a nexus, during the March 2025 VA Back examination, the examiner noted the bilateral lower extremity radiculopathy involved the lumbar spine and the associated sciatic nerve. See C&P Exam, April 1, 2025. With respect to the VA examiner diagnosing bilateral lower extremity radiculopathy, the examination form stated that the radiculopathy is "Related to degenerative changes of the spine allowing for less space where nerves exit the spine causing irritation and pinching of the nerves causing." Id. (Continued on the next page) ? Thus, following a full review of the record, and applying the benefit of the doubt doctrine, all reasonable doubt is resolved in favor of the Veteran. 38 C.F.R. § 3.102. Accordingly, service connection for radiculopathy of both the left and right lower extremities as secondary to the service-connected lumbar spine disability, is warranted. 38 C.F.R. §§ 3.102, 3.310. In reaching the above conclusions, the Board has considered the applicability of the benefit of the doubt doctrine. See Lynch v. McDonough, 21 F.4th 776 (2021). Frederic P. Gallun Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ardalan, Nina 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.