DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The Veteran served on active duty from May 1978 to December 1993. The Veteran appeals the denial of service connection for a lumbar spine condition, sciatica or lower extremity leg pain, hiatal hernia, residuals of ovarian tumor removal surgery including stomach pains, and stomach ulcers. The Board found that the evidence of record, including the Veteran's testimony and a February 2019 private medical opinion, supported service connection for all claimed conditions. The Board afforded significant probative weight to the Veteran's competent and credible October 2024 Board hearing testimony, which indicated that symptoms for all conditions began in service and persisted. The Board also noted that the Agency of Original Jurisdiction (AOJ) did not obtain any VA examinations or opinions contradicting the Veteran's statements. The AOJ's prior denials were implicitly reopened by the subsequent decision to consider the merits of the claims. Consequently, service connection for the lumbar spine condition, sciatica or lower extremity leg pain, hiatal hernia, residuals of ovarian tumor removal surgery, and stomach ulcers were all granted.

Rationale

Probative evidence in favor of finding; Symptoms began in service and continued; Established causal link (nexus)

Full Decision Text

Citation Nr: A26026074
Decision Date: 03/24/26	Archive Date: 03/24/26

DOCKET NO. 200805-101775
DATE: March 24, 2026

ORDER

Service connection for a lumbar spine condition is granted.

Service connection for sciatica or lower extremity leg pain is granted.

Service connection for hiatal hernia is granted.

Service connection for residuals of ovarian tumor removal surgery, including stomach pains is granted.

Service connection for stomach ulcers is granted.

FINDINGS OF FACT

1. The probative evidence of record is in favor of finding the Veteran's currently diagnosed lumbar spine disability (see February 2019 private medical opinion), and its objectively observable symptoms began in service and continued since service, thereby establishing a causal link (nexus) between her military service and her currently diagnosed lumbar spine disability. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her low back pain and other symptoms started when the Veteran was on active duty and persistent until the present; the Board affords some probative weight to the February 2019 private medical opinion which made a causal connection between the Veteran's current condition and her military service and the injury she sustained during service; the Agency of Original Jurisdiction (AOJ) did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.]

2. The probative evidence of record is in favor of finding the Veteran's currently diagnosed sciatica or lower extremity leg pain disability (see February 2019 private medical opinion), and its objectively observable symptoms began in service and continued since service, thereby establishing a causal link (nexus) between her military service and her currently diagnosed sciatica or lower extremity leg pain disability. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her sciatica or lower extremity leg pain and other symptoms started when the Veteran was on active duty and persistent until the present; the Board affords some probative weight to the February 2019 private medical opinion which made a causal connection between the Veteran's current condition and her military service and the injury she sustained during service; the AOJ did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.]

3. The probative evidence of record is in favor of finding the Veteran's currently diagnosed hiatal hernia disability (see May 2007 private medical record), and its objectively observable symptoms began in service and continued since service, thereby establishing a causal link (nexus) between her military service and her currently diagnosed hiatal hernia disability. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her hiatal hernia symptoms started when the Veteran was on active duty and persistent until the present; the AOJ did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.]

4. The probative evidence of record is in favor of finding the Veteran's current residuals of ovarian tumor removal surgery, including stomach pains causes some functional impairment, and the objectively observable symptoms began in service and continued since service, thereby establishing a causal link (nexus) between her military service and her residuals of ovarian tumor removal surgery. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her stomach pain symptoms started when the Veteran was on active duty and persistent until the present; the AOJ did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.]

5. The probative evidence of record is in favor of finding the Veteran's current diagnosed stomach ulcers (see December 2022 VA treatment record) and the objectively observable symptoms began in service and continued since service, thereby establishing a causal link (nexus) between her military service and her diagnosed stomach ulcers. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her diagnosed stomach ulcer symptoms started when the Veteran was on active duty and persistent until the present; the AOJ did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.] 

CONCLUSIONS OF LAW

1. The criteria are met for service connection for a lumbar spine condition. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

2. The criteria are met
 service and her diagnosed stomach ulcers. [The Board affords significant probative weight to the Veteran's competent (that is, "qualified") and credible October 2024 Board hearing testimony and other statements that her diagnosed stomach ulcer symptoms started when the Veteran was on active duty and persistent until the present; the AOJ did not obtain any VA examinations or VA medical opinions which contradict the Veteran's statements or testimony.] 

CONCLUSIONS OF LAW

1. The criteria are met for service connection for a lumbar spine condition. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

2. The criteria are met for service connection for sciatica or lower extremity leg pain. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

3. The criteria are met for service connection for hiatal hernia. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

4. The criteria are met for service connection for residuals of ovarian tumor removal surgery, including stomach pains. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

5. The criteria are met for service connection for stomach ulcers. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1978 to December 1993. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2019 rating decision by the Department of Veterans Affairs (VA) AOJ.

In the August 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on October 24, 2024.

By law, for claims appealed in this docket, the Board may only consider the evidence of record at the time of the AOJ decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, then, by law, the Board was not permitted to consider that evidence in this decision. 38 C.F.R. §§ 20.300, 20.302(a), 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 claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Board observes that the Veteran's initial claims to establish service connection were denied by the AOJ in prior rating decisions, and she did not file a notice of disagreement. In the rating decision on appeal, the AOJ stated that new and relevant evidence sufficient to warrant readjudication of the previously-denied claim had not been received; however, this same decision also considered the merits of the underlying claim, which could not have been reached unless new and relevant evidence had been received. The Board finds that the AOJ's actions equate to an implicit reopening of the Veteran's claims, and thus, the threshold matter of VA's receipt of new and relevant evidence to warrant readjudication need not be addressed.

For the reasons outlined in more detail above in the Findings of Fact section, the appeals for service connection for a lumbar spine condition, sciatica or lower extremity leg pain, hiatal hernia, residuals of ovarian tumor removal surgery, including stomach pains, and stomach ulcers are granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Williams, M. E. (BVA)

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
 the threshold matter of VA's receipt of new and relevant evidence to warrant readjudication need not be addressed.

For the reasons outlined in more detail above in the Findings of Fact section, the appeals for service connection for a lumbar spine condition, sciatica or lower extremity leg pain, hiatal hernia, residuals of ovarian tumor removal surgery, including stomach pains, and stomach ulcers are granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Williams, M. E. (BVA)

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.