DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

DAVID H. ROBERTSON · 2026 · Case ID: A26035952

GRANTED

Summary

The Veteran, an Air Force Veteran who served from September 1974 to June 1977, appeals the denial of service connection for lumbar spine disability and bilateral lower extremity radiculopathy. The Veteran claimed direct service connection for his lumbar spine condition, alleging it was caused by his service, and also claimed it was secondary to his service-connected knee disabilities. The Board found no evidence of in-service onset for the lumbar spine condition, noting the first treatment record was from 2007 after a work injury. However, the Board found the criteria for secondary service connection were met. The Veteran's service-connected knee disabilities from 1977 and 2007, combined with a private physician's opinion from July 2025, established a nexus between the knee injuries and the lumbar spine disability. The private physician opined that altered gait and biomechanical compensation from the knee issues directly and proximately led to the lumbar spine disability, supported by medical literature. The Board found this opinion probative and, resolving doubt in the Veteran's favor due to equipoise, granted service connection for the lumbar spine disability. The Veteran also claimed lower extremity radiculopathy secondary to the lumbar spine disability. Service records and private medical opinions confirmed lumbar radiculopathy and linked it to the service-connected lumbar spine condition. Therefore, service connection for bilateral lower extremity radiculopathy was also granted.

Rationale

No in-service onset for lumbar spine disability.; Service-connected for right and left knee disabilities.; Private physician opinion linked lumbar spine disability to knee injuries.; Opinion was probative and supported by medical articles.; Evidence found in equipoise; doubt resolved in Veteran's favor.

Service Branch

AIR FORCE

Special Benefit

NO SPECIAL BENEFIT

Docket No.

210409-152624

Full Decision Text

Citation Nr: A26035952
Decision Date: 04/16/26 Archive Date: 04/16/26

DOCKET NO. 210409-152624
DATE: April 16, 2026

ORDER

Entitlement to service connection for lumbar spine disability is granted.

Entitlement to service connection of paralysis of the sciatic nerve, left lower extremity radiculopathy is granted.

Entitlement to service connection of paralysis of the sciatic nerve, right lower extremity radiculopathy is granted.

FINDINGS OF FACT

1. The Veteran's lumbar spine disability is due to or aggravated by his service-connected right and left knee disabilities.

2. The Veteran is now service connected for a lumbar spine disability.

3. The evidence shows the Veteran's paralysis of the sciatic nerve of the right and left lower extremities developed secondarily to the current lumbar spine disability.

CONCLUSIONS OF LAW

1. The criteria for service connection for a lumbar spine disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

2. The criteria for service connection for paralysis of the sciatic nerve, left lower extremity have been 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 paralysis of the sciatic nerve, right lower extremity have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty with the U.S. Air Force from September 1974 to June 1977.

In the April 9, 2021, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held in May 2025. Therefore, the Board may only consider the evidence of record at the time of the July 2020 Statement of the Case (SOC), 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 July 2020 SOC 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 and 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).

Service connection may also be found on a secondary basis where the following criteria is met: (1) a current disability that is not already service-connected; (2) at least one service-connected disability; and (3) evidence that the non-service-connected current disability is either proximately due to or as the result of a service- connected disability; or, aggravated by a service-connected disability. See 38 C.F.R. § 3.310; see also El-Amin v. Shinseki, 26 Vet. App. 136 (2013); Allen v. Brown, 7 Vet. App. 439 (1995).

Service connection may
, 1166 -67 (Fed. Cir. 2004).

Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.

Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a).

1. Lumbosacral strain.

The Veteran contends that his lumbar spine condition was caused by his service, to include as secondary to his service-connected knee disabilities.

Favorable findings from the July 2020 SOC confirmed a current diagnosis of degenerative changes and facet arthropathy in the lumbar spine. VA treatment records dated July 2019 show the Veteran suffered from low back pain and lumbar radiculopathy.

Review of the Veteran's service treatment records does not show any complaints, treatment or diagnosis of a lumbar spine disability. The Veteran declined to have a separation examination, as such there is no evidence showing his condition prior to leaving service.

VA treatment records show that the Veteran was seen in February 2007 for low back and right leg pain after lifting an x-ray machine at work. His back popped and he began experiencing pain which traveled down to the back of his right leg. X-rays of the lumbar spine showed increased lordosis, as well as degenerative changes of the disc L4/5 disc and degenerative changes of the lower lumbar facet joints. The examiner also confirmed lumbar radiculopathy.

Based on the foregoing, the Board finds that service connection on a direct basis is not warranted. Review of the record does not show an in-service onset. Moreover, the earliest record of low back pain was in 2007 after injuring his back at work. The Veteran was not diagnosed with a lumbar spine diagnosis for 30 years after separating from service.

As for secondary service connection, the Board finds the first two elements have been met. The Veteran has been service-connected for right knee disabilities since June 1977 and left knee disabilities since July 2007. The claim turns on whether a medical nexus exists connecting his current lumbar spine to his knees. The Board finds that there is.

In a November 2019 statement, the Veteran indicated that his back problem was caused by his inability to use proper lifting and carrying techniques due to his knees. He was unable to bend his knees due to limitations. He did not have a previous back injury, and he believed his back problems were due to long standing knee problems that originated during service.

During the May 2025 Board hearing the Veteran testified that his back condition was caused by his knees. He was an x-ray technician for several years and had difficulty lifting people and equipment because of his knee symptoms. This caused him to lift with poor mechanics and put additional strain on his back. Overall, his back impacted his quality of life, including his sleep and mood.

After reviewing the Veteran's medical history and conducting an in-person evaluation, a private chiropractic physician provided an opinion in July 2025. The Veteran suffered knee injuries during service and despite surgical repair, he continued to experience altered gait and biomechanical compensation which contributed to the development of degenerative joint disease in the lumbar spine. The altered function can place abnormal stress on adjacent joints, particularly in the feet and spine. The examiner opined that the Veteran's lumbar spine disability was a direct and proximate result to the initial knee injuries sustained during service. The examiner also included medical publications which discussed the connection between knee pain and lower back issues. Specifically, knee osteoarthritis can cause altered gait and posture which can introduce additional stress on the spine, exacerbating lower back pain. Knee-spine syndrome is a condition where knee pain and reduced mobility are
knee injuries during service and despite surgical repair, he continued to experience altered gait and biomechanical compensation which contributed to the development of degenerative joint disease in the lumbar spine. The altered function can place abnormal stress on adjacent joints, particularly in the feet and spine. The examiner opined that the Veteran's lumbar spine disability was a direct and proximate result to the initial knee injuries sustained during service. The examiner also included medical publications which discussed the connection between knee pain and lower back issues. Specifically, knee osteoarthritis can cause altered gait and posture which can introduce additional stress on the spine, exacerbating lower back pain. Knee-spine syndrome is a condition where knee pain and reduced mobility are related to lumbar spine issues due to interconnected nerve symptoms and muscle pathways.

The Board finds the private opinion to be of probative value. The examiner conducted a review of the record and physically examined the Veteran. The opinion was based on their medical expertise and supported by an adequate rationale, as well as additional medical articles.

The Veteran was not afforded a VA examination for his claim. The Board acknowledges it could remand for an examination and opinion to address the question of nexus; however, given that VA has failed to obtain such an opinion having had sufficient opportunity to do so, the Board declines to act in a manner that could at this point be reasonably viewed as a remand for negative evidence. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003) (holding that the Board will not remand for negative evidence).

Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current is lumbar spine disability is due to his service-connected bilateral knee disabilities. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for a lumbar spine disability is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

2. Paralysis of the sciatic nerve, left lower extremity.

3. Paralysis of the sciatic nerve, right lower extremity.

The Veteran contends that he developed lower extremity radiculopathy as a result of his lumbar spine disability.

Favorable findings from the July 2020 SOC indicate the Veteran had a current diagnosis of lumbar radiculopathy in both lower extremities. He is now service connected for a lumbar spine disability as noted above. As such, the first and second elements of secondary service connection have been met.

VA and private treatment records confirm the Veteran experienced pain that radiated from his back to his lower extremities. In February 2007, the Veteran was seen following an injury to his lumbar spine and reported right leg and back pain. He was assessed with lumbar radiculopathy. In September 2012, the Veteran was seen for leg weakness, which the examiner attempted to assess whether it was vascular or neurological, as a result of degenerative disc disease. The July 2025 private examiner confirmed a diagnosis of degenerative joint disease of the lumbar spine with radiculopathy.

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The evidence of record shows that the Veteran's bilateral lower extremity radiculopathy is related to the service-connected lumbar spine disability. Therefore, all three prongs of a secondary service connection claim are met, and the claim of service connection for bilateral lower extremity radiculopathy, on a secondary basis, is granted.

David Robertson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Price Umaru, Antonette

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.

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