INTERVERTEBRAL DISC SYNDROME
S.C. KREMBS · 2025 · Case ID: A25039281
Summary
The Veteran, who served from February 1986 to October 1986 and again from March 1991 to November 1991, appeals the January 2021 rating decision concerning his low back condition. The Veteran argued that his current low back disability, characterized by intervertebral disc disorder with bilateral lower extremity radiculopathy, is secondary to his service-connected left ankle disability. The Board reviewed the evidence of record at the time of the AOJ's decision, including the Veteran's appellate brief and a January 2021 rating decision. The key evidence considered was an August 2020 VA medical examination, which opined that the Veteran's chronic left ankle pain and weakness led to compensatory weight-shifting and an antalgic gait, ultimately causing his current low back disability. The examiner noted that this compensation mechanism directly linked the ankle condition to the back condition. The Board found no contrary probative opinions in the record. Applying the principles of secondary service connection, the Board found the evidence sufficient to establish that the low back disability proximately resulted from the service-connected left ankle injury. Consequently, service connection for the low back disability was granted as secondary to the left ankle condition.
Rationale
Current low back disability documented; VA examiner opined low back condition secondary to left ankle disability; No contrary probative opinions in record
Full Decision Text
Citation Nr: A25039281 Decision Date: 04/29/25 Archive Date: 04/29/25 DOCKET NO. 220111-210935 DATE: April 29, 2025 ORDER Service connection for a low back disability is granted. FINDING OF FACT The Veteran's low back disability (intervertebral disc disorder with bilateral lower extremity radiculopathy) is related to his service connected left ankle disability. CONCLUSION OF LAW The criteria for service connection for a low back disability 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 had active service from February 1986 to October 1986 and from March 1991 to November 1991. He had periods of active duty for training from June 1988 to July 1988 and July 1990 to August 1990. The rating decision on appeal was issued in January 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the January 11, 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the January 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. Service Connection 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 service, even if the disability was initially diagnosed after service. 38?U.S.C. §?1110; 38?C.F.R. §?3.303. Service connection is also warranted for disability proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Such secondary service connection is warranted for any increase in severity of a nonservice-connected disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(b). Service connection for back condition and pain The Veteran argues that he has a low back condition related to his service connected left ankle disability. See May 2022 Appellate Brief. The Board is bound by the AOJ's favorable finding that the Veteran has a current back disability. See January 2021 Rating Decision. Turning to a nexus to service, an August 2020 VA medical examiner opined that the Veteran's chronic left ankle pain and weakness resulted in decreased range of motion and pain and radiculopathy in the back. In support of this conclusion, the examiner stated that chronic left ankle pain and weakness caused the Veteran to compensate (shift his weight to) with his right lower extremity. This resulted in an antalgic gait, causing the current low back disability. Significantly, there are no probative opinions to the contrary. Accordingly, the Veteran is entitled to service connection for a low back disability as secondary to his service connected left ankle injury. His appeal is granted. S. C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jackson, Atossa K. 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. K. 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.