INTERVERTEBRAL DISC SYNDROME

Summary

The Veteran, an Army Veteran who served from April 1967 to April 1970, appeals the denial of service connection for a low back condition. The Veteran contends this condition is secondary to his service-connected right knee replacement and left knee meniscal tear. The Board reviewed the evidence of record at the time of the January 2026 agency of original jurisdiction decision. The Veteran submitted a February 2026 Notice of Disagreement, electing Direct Review, but the case was advanced due to the Veteran's age. VA treatment records indicate the Veteran complained of chronic low back pain and an X-ray revealed degenerative arthritis. Crucially, the Veteran submitted a private medical opinion from Dr. J.E.L. in April 2024. Dr. J.E.L., who has treated the Veteran for over 10 years for chronic pain, opined that it is more likely than not that the Veteran's chronic back pain is due to an in-service injury and subsequent knee replacement. The opinion noted worsening pain despite treatment. No VA medical opinion was of record. Based on the current disability and the persuasive private opinion linking the back condition to the service-connected knee disabilities, the Board granted service connection for the low back condition.

Rationale

Current disability documented in VA treatment records; Persuasive private medical opinion linking back condition to service-connected knee disabilities; Opinion stated it is more likely than not the back pain is due to in-service injury and knee replacement

Full Decision Text

Citation Nr: A26036913
Decision Date: 04/21/26	Archive Date: 04/21/26

DOCKET NO. 260212-631415
DATE: April 21, 2026

ORDER

Entitlement to service connection for low back condition is granted.

FINDING OF FACT

The Veteran's low back condition is the result of service-connected knee disabilities. 

CONCLUSION OF LAW

The criteria for entitlement to service connection for low back condition have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 1967 to April 1970.

In the February 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the January 2026 agency of original jurisdiction (AOJ) decision. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801.

The Board notes that in Williams v. McDonough, 37 Vet. App. 305, 307 (2024), the Court held that the Board must refrain from deciding a case until the case proceeds to the point where a docket switch is no longer permitted under the terms of 38 C.F.R. § 20.202(c)(2). Here, the one-year period following the January 2026 rating decision has not passed. However, the Veteran selected the Direct Review Docket, and the case has been advanced on the docket due to the Veteran's advanced age. Therefore, the Board will proceed with adjudication consistent with a claimant's expectation of expeditious consideration.

1. Entitlement to service connection for low back condition.

The Veteran seeks service connection for a low back condition, which he contends is secondary to his service-connected status post total right knee replacement and left knee meniscal tear associated with status post total right knee replacement. See February 2026 Notice of Disagreement. 

Service connection may be granted on a secondary basis for disability that is due to, the result of, or aggravated by a service-connected disability. 38 C.F.R. § 3.310; see Allen v. Brown, 7?Vet. App.?439, 448 (1995).

VA treatment records show the Veteran complained of chronic low back pain. An X-ray showed degenerative arthritis changes. 

The Veteran submitted an April 2024 private opinion from Dr. J.E.L. opining that it is more likely than not that his chronic back pain is due to an injury in service and the subsequent total knee replacement. Dr. J.E.L. noted that he has been treating the Veteran for over 10 years for his chronic pain in the sciatica region. He further noted that he has been treating his pain with steroidal injections and radiofrequency ablation. He also reported that the sciatica region conditions have worsened to the point where it is difficult to achieve pain relief.

There is no VA medical opinion of record. 

As there is evidence of a current disability and persuasive medical opinion evidence linking the Veteran's back disability to his service-connected knee disabilities, service connection for low back condition is warranted. 

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fields, Ashley N.

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.