DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The Veteran, an Air Force Veteran who served from January 1980 to August 1992, appeals the denial of service connection for degenerative arthritis of the thoracolumbar spine. The Veteran reported experiencing two fall-related injuries during service in 1982 and around 1985, which caused back pain. While the Veteran has a current diagnosis of degenerative arthritis of the thoracolumbar spine, the medical evidence presented conflicting opinions regarding its service connection. VA medical opinions generally attributed the Veteran's service-related back pain to acute strain, finding no significant degenerative changes on early x-rays and concluding the later degeneration was less than "at least as likely as not" related to service. Conversely, private medical opinions suggested the initial in-service injury initiated a degenerative cascade, more likely than not resulting in the current lumbar degenerative disc disease, though these opinions did not fully address the impact of intervening post-service injuries. The Board found the evidence to be approximately equally balanced. Applying the benefit of the doubt, the Board resolved reasonable doubt in the Veteran's favor, granting service connection for degenerative arthritis of the thoracolumbar spine.

Rationale

Current diagnosis of degenerative arthritis of the thoracolumbar spine.; Conflicting medical opinions regarding service connection.; Benefit of the doubt applied due to equally balanced evidence.

Full Decision Text

Citation Nr: 26005078
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 16-59 989
DATE: April 29, 2026

ORDER

Service connection for degenerative arthritis of the thoracolumbar spine (as distinguished from the Veteran's nonservice-connected rheumatoid arthritis) is granted.

FINDINGS OF FACT

1. During active service, the Veteran experienced a fall during a softball game in 1982, and a fall on ice in or around 1985, followed by back pain. 

2. Throughout the period on appeal, the Veteran has been diagnosed with degenerative arthritis of the thoracolumbar spine. 

3. Resolving reasonable doubt in the Veteran's favor, her degenerative arthritis of the thoracolumbar spine is at least as likely as not related to events or injuries during her active service. 

[CONTINUED ON NEXT PAGE]

CONCLUSION OF LAW

The criteria have been met to establish service connection for degenerative arthritis of the thoracolumbar spine. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the United States Air Force from January 1980 to August 1992.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision. The modernized review system, also known as the Appeals Modernization Act (AMA), automatically applies to all claims for which VA issues notice of an initial decision on or after February 19, 2019. 38 C.F.R. § 3.2400(a)(1). Since the date of the April 2015 rating decision in this case is before February 2019, and the Veteran has not otherwise elected to opt the appeal into the modernized system, this appeal proceeds to adjudication in the pre-AMA appeal system, also known as the legacy system. This appeal was last before the Board in July 2025, following a January 2023 joint motion for remand, by which both the counsel for the appellant and the Department of Veterans Affairs (VA) agreed that additional evidentiary development was necessary and returned the case to the Board for the necessary development and further adjudication to occur. Additional medical opinions have since been obtained. 

Service connection for degenerative arthritis of the thoracolumbar spine is granted.

Service connection may be granted for a disability resulting from a 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 (nexus) between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

In this instance, it is undisputed that the Veteran has a current diagnosis of degenerative arthritis of the thoracolumbar spine. See, e.g., VA examination, January 2025; VA magnetic resonance imaging (MRI), May 2016; VA x-ray imaging, December 2010. 

The Veteran has credibly reported experiencing at least two fall injuries during her active service. The Veteran has also reported intervening post-service injuries associated with her back pain, such as a fall in a shower in or around early 2011 and a post-service motor vehicle accident in 1999. For the purposes of VA disability compensation based upon service connection, the question becomes whether the current disability is related to the events during the Veteran's active service. On this question there are probative opinions both in favor of and against the claim.

VA medical opinions in August 2025 and earlier generally stated that the Veteran's back pain reported during service was for "acute and transitory back strain" and the Veteran did not exhibit significant degenerative changes on x-ray examinations of the thoracolumbar spine until many years after service. These opinions did not fully explain the reasoning behind the medical determination that the later developing degeneration was unrelated (or at least less than "at least as likely as not" related). 

Private medical opinions obtained by the Veteran in May 2025 and February 2026 described a physician's opinion in support of the present claim for benefits that "her initial back injury during her military service set in motion the spinal degenerative cascade, which, more likely than not, resulted in the development
 2025 and earlier generally stated that the Veteran's back pain reported during service was for "acute and transitory back strain" and the Veteran did not exhibit significant degenerative changes on x-ray examinations of the thoracolumbar spine until many years after service. These opinions did not fully explain the reasoning behind the medical determination that the later developing degeneration was unrelated (or at least less than "at least as likely as not" related). 

Private medical opinions obtained by the Veteran in May 2025 and February 2026 described a physician's opinion in support of the present claim for benefits that "her initial back injury during her military service set in motion the spinal degenerative cascade, which, more likely than not, resulted in the development of lumbar [degenerative disc disease]...." Private medical opinion, February 2026. These opinions, however, did not sufficiently address the impact, if any, of the intervening post-service injuries associated with the Veteran's back pain.  

The Board acknowledges that the medical evidence in this case, both for and against the claim, is imperfect; however, continued pursuit of further medical clarifications will only further delay the answer that the Veteran deserves for this long-pending claim. 

Upon review of the record, the Board finds the evidence to be approximately equally balanced as to whether the Veteran's current degenerative arthritis of the thoracolumbar spine is related to her active service. Accordingly, after resolving reasonable doubt in favor of the Veteran, the Board finds that service connection for degenerative arthritis of the thoracolumbar spine is warranted; the appeal is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McDonald

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.