DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The veteran, who served honorably in the Army from February 2014 to August 2017, appeals the denial of service connection for lumbar spine degenerative disc disease and bilateral lower extremity radiculopathy. The veteran claimed his back condition resulted from a parachute jump during service, experiencing pain that persisted until discharge. The Regional Office (RO) previously granted service connection for a lumbar spine muscle strain with a 10% disability rating in November 2017. The current appeal concerns a separate claim for degenerative arthritis of the lumbar spine, filed in August 2019. The Board noted favorable findings from a September 2019 VA examination, which diagnosed multilevel disc protrusions with neural foraminal stenosis and degenerative changes in the lumbar spine, consistent with the veteran's lay testimony about an in-service injury. A private medical opinion from Dr. M.W. in April 2021 found the degenerative changes to be more likely than not related to the high-impact parachuting activities during service. The Board found a prior VA opinion inadequate because it only addressed secondary service connection and failed to discuss aggravation. Relying on the private opinion and the veteran's credible lay statements, the Board found a nexus to service and granted service connection for the lumbar spine condition. Subsequently, service connection for left and right lower extremity radiculopathy was granted as secondary to the newly service-connected lumbar spine disability, based on a September 2019 VA opinion that linked the radiculopathy to the disc protrusions.

Rationale

Favorable findings in VA exam for multilevel disc protrusions and degenerative changes; Veteran's credible lay testimony regarding in-service injury from parachute jump; Probative private medical opinion linking degenerative changes to parachuting activities

Full Decision Text

Citation Nr: A26031183
Decision Date: 04/06/26	Archive Date: 04/06/26

DOCKET NO. 210512-159550
DATE: April 6, 2026

ORDER

Entitlement to service connection for multilevel disc protrusions with neural foraminal stenosis, lumbar spine (lumbar spine degenerative disc disability) is granted.

Entitlement to service connection for radiculopathy, left lower extremity, secondary to now service-connected lumbar spine degenerative disc disability, is granted.

Entitlement to service connection for radiculopathy, right lower extremity, secondary to now service-connected lumbar spine degenerative disc disability, is granted.

FINDINGS OF FACT

1. The probative evidence of record indicates that it is at least as likely as not that the Veteran's multilevel disc protrusions with neural foraminal stenosis of the lumbar spine and degenerative disc disease is related to his active military service.

2. The most probative evidence of record weighs persuasively in favor of finding that the Veteran's currently diagnosed bilateral lower extremity lumbar radiculopathy is secondary to a now service-connected lumbar spine disability.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for multilevel disc protrusions with neural foraminal stenosis, lumbar spine have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304.

2. The criteria for entitlement to service connection for radiculopathy, left lower extremity have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

3. The criteria for entitlement to service connection for radiculopathy, right lower extremity have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served honorably on active duty from February 2014 to August 2017. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). 

In the April 19, 2021, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on November 25, 2024, with the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. 

Therefore, the Board may only consider the evidence of record at the time of the April 2021 agency of original jurisdiction (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, the Board did not consider it in its 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. 

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.  Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

For all veterans, if there is no underlying diagnosis, a current disability 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.  Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

For all veterans, if there is no underlying diagnosis, a current disability may be established based on pain or other symptoms that result in functional impairment of earning capacity. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018); Martinez-Bodon v. Wilkie, 32 Vet. App. 393 (2020); Wait v. Wilkie, 33 Vet. App. 8 (2020).

Even in instances where the record does not contain affirmative evidence of the occurrence of a disease or injury during service, service connection may still be granted if all of the evidence, including that pertinent to service, establishes that the disability was incurred during service. See 38 U.S.C. § 1113(b) (2012); 38 C.F.R. § 3.303(d) (2019); Cosman v. Principi, 3 Vet. App. 503, 505 (1992).

Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires sufficient evidence 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. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc).

In adjudicating such claims, reasonable doubt that exists because of an approximate balance of positive and negative evidence concerning any point will be resolved in favor of the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

1. Entitlement to service connection for multilevel disc protrusions with neural foraminal stenosis, lumbar spine (lumbar spine degenerative disc disability) is granted. 

The Veteran contends that he injured his back during his active service completing a parachute jump. The Veteran asserts that following a bad landing, he began experiencing back pain during his active service, which has persisted to the present day. See e.g., November 2024 Board Hearing transcript.  

The Board notes as an initial matter that the Veteran originally filed a claim for service connection for "lower back injury" in July 2017. Following evidentiary development by the Agency of Original Jurisdiction (AOJ), in a November 2017 rating decision, the RO granted service connection for chronic musculoligamentous strain of the lumbar spine (also claimed as lower back injury) with a disability rating of 10 percent, effective August 8, 2017.

The Veteran here is contending service connection is warranted for a separate or additional disability of the lumbar spine, claimed as degenerative arthritis of the lumbar spine in his August 2019 claim. 

Favorable findings noted in the April 2021 rating decision on appeal include that the Veteran has been diagnosed with a disability, noting that a September 2019 VA examination shows a diagnosis of multilevel disc protrusions with neural foraminal stenosis of the lumbar spine; and, that his records show he earned Parachutist Badge during military service. The Board is bound by these favorable findings. 38 C.F.R. § 3.104(c). The Board notes that the medical evidence of record also reflects that the Veteran has been diagnosed with osteoarthritis of the lumbar spine, and degenerative disc disease. 

The Veteran has maintained that his degenerative disc condition was caused by or is otherwise related to parachute jumping in service, and notes particularly one occasion with a landing in which he injured his lumbar spine and then began experiencing persistent back pain following the event. 

The Veteran's service treatment records (STRs) contain a May 5, 2017, sick call note in which the Veteran sought treatment for back pain and bilateral knee pain. The sick call provider found the Veteran's back pain to be consistent with a lumbar spine muscle strain, but no imaging was performed at the time. 

The Veteran testified during
 record also reflects that the Veteran has been diagnosed with osteoarthritis of the lumbar spine, and degenerative disc disease. 

The Veteran has maintained that his degenerative disc condition was caused by or is otherwise related to parachute jumping in service, and notes particularly one occasion with a landing in which he injured his lumbar spine and then began experiencing persistent back pain following the event. 

The Veteran's service treatment records (STRs) contain a May 5, 2017, sick call note in which the Veteran sought treatment for back pain and bilateral knee pain. The sick call provider found the Veteran's back pain to be consistent with a lumbar spine muscle strain, but no imaging was performed at the time. 

The Veteran testified during the November 2024 Board Hearing that he went to sick call in May 2017 following a "night jump" in Alaska. The Veteran stated that he was stationed at Fort Richardson, and the weather there was not predictable, leading to ice on the ground when he completed the jump at this time. The Veteran testified, "[o]n the jump, I wasn't able to execute a perfect PLF landing and landed straight on my tailbone. I immediately knew something was wrong, and I didn't feel right. I felt nervous about going to sick call that night or next day due to repercussions from my unit. We were a very high tempo unit and no one went to sick call because we were afraid of our first-line leadership." The Veteran reported that several days later, he was sought treatment at sick call because "I couldn't do anything, my back was destroyed. He (the provider) said I had back spasms or strain and did not order imaging." The Veteran testified that he was still suffering from back problems and experiencing back pain at time of his discharge from active service. 

Based on the foregoing reasons, the Board finds that the first and second criteria necessary to grant service connection have been met. The final criteria required to grant service connection is a nexus between the in-service onset/injury and the diagnosed lumbar spine disability. 

In April 2021, the Veteran submitted private treatment records, including the private medical opinion from Dr. M.W. Dr. M.W. indicated that he reviewed the Veteran's medical records, including the March 2021 MRI from Huntington VA Medical Center, and performed a physical examination of the Veteran. The physician noted that the March 2021 MRI shows that the Veteran has "degenerative changes at the L3-4, 1-4-5, and L5-S1 levels. There is a congenitally narrowed canal. At the L3-4 level there is moderate central canal stenosis, bilateral lateral recess stenosis, and mild left-sided foraminal narrowing. At the L4-5 level there is mild to moderate central canal stenosis, moderate to severe right-sided foraminal narrowing, mild to moderate left-sided foraminal narrowing, and moderate lateral recess stenosis. At the L5-S1 level there is moderate central canal stenosis, severe right sided foraminal narrowing and moderate left-sided foraminal narrowing." The non-VA physician opined that the Veteran had "significant degenerative changes at L3-4, L4-5, and L5-S1 that are more severe than what you would expect for a 29-year old. This is more likely than not related to the high impact activities (parachuting) he had to participate in while on active duty." 

While a negative September 2019 VA etiology opinion addressing the Veteran's lumbar spine disability claim is part of the record, the opinion only addresses the claim in the context of secondary service connection, which the Veteran testified during the November 2024 Board hearing that he is not raising for this disability. Further, even examining secondary service connection as a possible theory of entitlement, the VA opinion does not address the aggravation prong for secondary service connection. Specifically, the September 2019 VA examiner did not provide an opinion addressing whether the Veteran's current degenerative disc disease is aggravated by his service-connected lumbar spine strain. 

As the VA examiner attempted to provide an opinion on secondary service connection but did not address the aggravation prong, the Board finds that the September 2019 VA opinion is inadequate. See Atencio v. O'Rourke, 30 Vet. App. 74, 91 (2018) (causation and aggravation are independent concepts and should have separate findings and rationale); El-Amin v. Shinseki, 26 Vet. App. 136 (2013) (finding that a VA opinion addressing secondary service connection was inadequate as it did not address the issue of aggravation). As such, the Board finds that this opinion is entitled to little probative weight. 

Additionally, the Board finds that the April 2021 private opinion is the only opinion
 on secondary service connection but did not address the aggravation prong, the Board finds that the September 2019 VA opinion is inadequate. See Atencio v. O'Rourke, 30 Vet. App. 74, 91 (2018) (causation and aggravation are independent concepts and should have separate findings and rationale); El-Amin v. Shinseki, 26 Vet. App. 136 (2013) (finding that a VA opinion addressing secondary service connection was inadequate as it did not address the issue of aggravation). As such, the Board finds that this opinion is entitled to little probative weight. 

Additionally, the Board finds that the April 2021 private opinion is the only opinion of record that is probative regarding the matter at hand, and addresses the Veteran's theory of direct service connection, as well as his lay statements regarding the circumstances, activities, and history of his lumbar spine disability during his active service. 

Based on all the foregoing, and given that there is no adequate negative opinion, the Board finds that the April 2021 private opinion, in conjunction with the competent and credible statements made by the Veteran, are highly probative in establishing a nexus. See 38 C.F.R. § 3.303(a) (service connection must be considered on the basis of the places, types, and circumstances of his service as shown by his service records, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence); see also Buchanan, 451 F.3d at 1335 ("[N]othing in the regulatory or statutory provisions [relating to evidence to be considered] require both medical and competent lay evidence; rather, they make clear that competent lay evidence can be sufficient in and of itself").

Taken altogether, the favorable findings discussed, the Veteran's lay statements, and the medical evidence of record, constitute competent, probative evidence which tends to support an award of service connection for multilevel disc protrusions with neural foraminal stenosis of the lumbar spine and degenerative disc disease. 

Accordingly, the Board finds that service connection for multilevel disc protrusions with neural foraminal stenosis of the lumbar spine and degenerative disc disease is warranted and the appeal is granted. See 38 U.S.C. § 5107; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc); 38 C.F.R. §§ 3.102, 4.3.

2. Entitlement to service connection for radiculopathy, left lower extremity, secondary to now service-connected lumbar spine degenerative disc disability, is granted. 

3. Entitlement to service connection for radiculopathy, right lower extremity, secondary to now service-connected lumbar spine degenerative disc disability, is granted. 

The Veteran seeks service connection for bilateral lower extremity sciatic radiculopathy as secondary to his now service-connected lumbar spine degenerative disc disease disability.

There is no assertion or suggestion of a direct link to the Veteran's military service, or direct service connection. See 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303.

As mentioned above, secondary service connection will be granted if the evidence demonstrates that a current disability is proximately due to or the result of, or is aggravated beyond its natural progression, by service-connected disability. 38 C.F.R. § 3.310. Specifically, the record must show: (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability.

As to the first element of secondary service connection, the Veteran must show a current disability. The September 2019 VA examination report reveals a diagnosis of bilateral lumbar radiculopathy of the sciatic nerve, and therefore the first element to secondary service connection is considered met.

As to the second element of secondary service connection, for service connection the Veteran must show a service-connected disability. The Board, in this decision, has granted service connection for the Veteran for a back disability, to include multilevel disc protrusions with neural foraminal stenosis of the lumbar spine and degenerative disc disease. Therefore, the second element to secondary service connection is met.

As to the last element of secondary service connection, the Veteran must show a causal relationship between the currently diagnosed disability and the service-connected disability. Here, the Board notes that the September 2019 VA examiner provided an opinion that stated that the Veteran's bilateral lumbar radiculopathy is a manifestation of his disc protrusions, which are now service-connected. As a result, the Board finds that all three
 service connection the Veteran must show a service-connected disability. The Board, in this decision, has granted service connection for the Veteran for a back disability, to include multilevel disc protrusions with neural foraminal stenosis of the lumbar spine and degenerative disc disease. Therefore, the second element to secondary service connection is met.

As to the last element of secondary service connection, the Veteran must show a causal relationship between the currently diagnosed disability and the service-connected disability. Here, the Board notes that the September 2019 VA examiner provided an opinion that stated that the Veteran's bilateral lumbar radiculopathy is a manifestation of his disc protrusions, which are now service-connected. As a result, the Board finds that all three elements have been met, and the evidence warrants a grant of secondary service connection.  

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Therefore, the appeals for entitlement to service connection for bilateral lower extremity radiculopathy are granted.

 

 

J. Abrams

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. M. Lowman, 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.