DEGENERATIVE ARTHRITIS OF THE SPINE (SPONDYLOSIS)

Summary

The Veteran, a veteran who served from August 1962 to June 1965, appeals the denial of service connection for a lower back condition, including thoracolumbar spine degenerative arthritis and degenerative disc disease other than intervertebral disc syndrome (IVDS). The Veteran claims the condition originated from a training accident in 1963 at Fort Devens, where he was electrically shocked and thrown backward, resulting in persistent lower back pain. He asserts that this injury led to his current diagnoses and that he did not seek medical attention at the time due to discouragement from his superiors. The Board found the January 2026 rating decision inadequate because the VA examiner in April 2017 relied solely on the absence of service treatment records without considering the Veteran's detailed lay statements about the accident and continuity of symptoms. Subsequent VA examinations in 2025 were also found inadequate for failing to consider all relevant evidence, including a probative private medical opinion from July 2022. This private opinion linked the Veteran's lower back condition to his military service, citing the 1963 accident and subsequent progressive worsening of symptoms, concluding it was more likely than not related to service. Resolving reasonable doubt in the Veteran's favor, the Board found the lower back condition causally related to service, granting service connection. The Board noted the Veteran's secondary claim for his lower back condition being related to bilateral pes planus but did not address it as direct service connection was granted.

Rationale

Grant based on Veteran's lay statements and private medical opinion; Resolving reasonable doubt in Veteran's favor; VA opinions found inadequate for failing to consider all evidence

Full Decision Text

Citation Nr: A26039593
Decision Date: 04/28/26	Archive Date: 04/28/26

DOCKET NO. 260324-640023
DATE: April 28, 2026

ORDER

Entitlement to service connection for a lower back condition, to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than intervertebral disc syndrome (IVDS), is granted.

FINDING OF FACT

Resolving reasonable doubt in favor of the Veteran, his lower back condition began during service as a result of a training accident as he began to have pain that has continued since that time. 

CONCLUSION OF LAW

The criteria for entitlement to service connection for a lower back condition, to include thoracolumbar spine degenerative arthritis, and degenerative disc disease other than IVDS, have been met.  38 U.S.C. §§ 1110, 1131, 5107 (2025); 38 C.F.R. §§ 3.102, 3.303 3.304 (2025). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1962 to June 1965.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2026 rating decision by the Department of Veterans Affairs (VA).

In the March 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 on appeal.  38 C.F.R. § 20.301.  Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board.  38 C.F.R. §§ 20.300, 20.301, 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 issue, 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 notes that this issue was previously before the Board in August 2025, where it was remanded for further development.  The issue is again before the Board in the instant matter. 

A review of the record shows various diagnoses related to the Veteran's lower back to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS.  As such, the Board has recharacterized the appeal as a claim for entitlement to service connection for a lower back condition, to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS.  See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009).

Also, the Board recognizes that the period to request a docket switch has not expired.  See Williams v. McDonough, 37?Vet. App.?305 (2024).  However, the Board interprets the Veteran's statements as reflecting an intent to have this matter reviewed in an expeditious manner, which the Board finds to be an implicit waiver of the requirement that the Board delay issuing a decision until the period to request to switch dockets elapses pursuant to Williams, 37?Vet. App. at?305.  Additionally, as the Board is granting the issue of entitlement to service connection for a lower back condition, proceeding with adjudication is not prejudicial to the Veteran.

This matter has been advanced on the Board's docket pursuant to 38 C.F.R.            § 20.8009 (c).	

Entitlement to service connection for a lower back condition, to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS.

The Veteran contends that his currently diagnosed lower back condition began during service as a result of a training accident and he has continued to have lower back pain since that time.  See August 2016 Statement in Support of Claim. 

The Board notes that the Veteran also contended that his lower back condition was secondary to his service-connected bilateral pes planus.  However, as will be explained below, the Board is granting service connection on a direct basis.  Therefore, the Board will not address the Veteran's contention related to secondary service connection or the relevant evidence of record related to that contention. 

Service connection may be granted for an injury incurred in
 to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS.

The Veteran contends that his currently diagnosed lower back condition began during service as a result of a training accident and he has continued to have lower back pain since that time.  See August 2016 Statement in Support of Claim. 

The Board notes that the Veteran also contended that his lower back condition was secondary to his service-connected bilateral pes planus.  However, as will be explained below, the Board is granting service connection on a direct basis.  Therefore, the Board will not address the Veteran's contention related to secondary service connection or the relevant evidence of record related to that contention. 

Service connection may be granted for an injury incurred in the line of duty during active or inactive duty for training.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.6, 3.303.  Service connection generally requires competent evidence of (1) a current disability; (2) an in-service event; and (3) a causal relationship between the current disability and in-service event.  Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall resolve all reasonable doubt in favor of the claimant.  38 U.S.C. § 5107 (b).  By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim.  38 C.F.R. § 3.102.  If the positive and negative evidence is in approximate balance (which includes but is not limited to equipoise), the claimant receives the benefit of the doubt.  Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

As an initial matter the Board notes that the January 2026 rating decision contained a favorable finding that indicated that the Veteran had been diagnosed with thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS as evidenced by a December 2024 VA examination.  Under the AMA, the Board is bound by favorable findings by the AOJ in the absence of evidence of clear and unmistakable error.  38 C.F.R. § 3.104 (c).  The Board finds no clear and unmistakable error.

In August 2016 the Veteran submitted a lay statement to VA wherein he stated that while in electronics training at Fort Devens he accidentally contacted 2000 volts that shocked him and caused his legs to launch him backwards into the air.  The Veteran reported that he awoke on the floor slumped against a wall that was about 10 feet behind the stool he was sitting on with no memory of getting there.  The Veteran indicated that he was told that he hit the wall fairly hard but was unconscious only a short time so no medical help was summoned and after a few minutes he was able to get up and walk but was left with a lot of aches and pains, including lower back pain.  The Veteran continued that his low-level back condition persisted, and he believed that over time those injuries led to arthritis in the lower back and his subsequent lower back diagnoses. 

The Veteran submitted an additional lay statement to VA in March 2017.  The Veteran again reported that his time in service left him with a serious back condition that was originally caused by the accident and back injury that he experienced during training at Fort Devens in 1963.  The Veteran further explained that he did not seek medical attention as he was only unconscious for a short time and the noncommissioned officers (NCOs) in charge of that training area strongly discouraged him from seeking medical help or reporting the accident as he was told he would be dropped from that training program.  The Veteran also added that an accident that occurred a couple months previously to his accident could have also led the NCOs to discourage him from reporting the accident.  The Veteran reiterated that he had persistent lower back pain since that accident, that over time developed into severe arthritis and caused much greater pain in the lower back. 

The Veteran was afforded a VA examination in April 2017.  The Veteran explained in the examination how he initially injured his lower back during his service in 1963 at Fort Devens when he was thrown backward while sitting on a bench after accidentally touching a high voltage electric wire and how he endured lower back pain with no treatment until 2009 or 2010.  The VA examiner opined that the Veteran's lower back condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness.  The examiner reasoned
 reporting the accident.  The Veteran reiterated that he had persistent lower back pain since that accident, that over time developed into severe arthritis and caused much greater pain in the lower back. 

The Veteran was afforded a VA examination in April 2017.  The Veteran explained in the examination how he initially injured his lower back during his service in 1963 at Fort Devens when he was thrown backward while sitting on a bench after accidentally touching a high voltage electric wire and how he endured lower back pain with no treatment until 2009 or 2010.  The VA examiner opined that the Veteran's lower back condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness.  The examiner reasoned that they could not find any service treatment records related to the accident the Veteran reported occurred in 1963.  The examiner noted that the Veteran was seen in 2010 so there was no chronicity of the condition or continuity of treatment shown. 

The Board finds the April 2017 VA opinion to be inadequate for appellate review as the examiner relied solely on the absence of evidence in the Veteran's medical records during and after service without specifically considering whether the Veteran's lay statements presented sufficient evidence of the etiology of his disability such that his claim could be proven without contemporaneous medical evidence.  As a result, the Board will not afford the April 2017 VA opinion any probative weight. 

The Veteran was afforded an additional VA examination in April 2018 wherein he reported that the onset of his lower back symptoms occurred in 1963.  The Veteran also indicated that the condition had gotten worse over the years and the pain was minor and intermittent until age 55-60. 

The Veteran was afforded another VA examination in September 2020.  In this examination the Veteran reported that the onset of his lower back pain developed around 2010 after he had sharp pain in his lower back during a massage. 

The Veteran submitted a July 2022 private opinion to VA.  The private physician opined that it was more likely than not that the Veteran's lower back condition developed secondary to his military service.  The private physician reasoned that the Veteran stated that he had no orthopedic problems prior to his service and he continued to have low back pain following the training accident that occurred in 1963 in service.  The private physician continued that there was significant medical documentation to support that the Veteran had a progressively worsening low back condition and that it is common for a traumatic injury, such as the one the Veteran sustained, to initiate damage to lower back discs that progresses over time.  Therefore, the private physician concluded that it was more likely than not that the injuries that occurred while on active duty developed into his current condition of lumbar degenerative disc disease. 

The Board finds the July 2022 private opinion to be adequate for appellate review.  The private physician relied on an interview with the Veteran, review of medical records and the claim file, and a full and detailed rationale was provided that included discussion of the Veteran's diagnosed disabilities and lay statements of reported history.  As a result, the Board will afford the July 2022 private opinion significant probative weight.

The Veteran was afforded an additional VA examination in March 2023 wherein he again reported that he began having back pain in 1963 after an accident where he was electrically shocked and thrown backwards into a wall.  It was indicated that the Veteran did not attend sick leave due to his superior telling him he was not allowed to report it due to a fatal accident that occurred the week prior.  The Veteran also reported that he continued to have back pain. 

The Veteran again reported that his back pain began in service in subsequent VA examinations in December 2024 and October 2025.  The October 2025 VA examiner opined that the Veteran's lower back condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness.  The examiner reasoned that the Veteran reported that his back pain began around 2009 and service treatment records were silent for complaints or injuries while in service.  Therefore, the examiner concluded that there had been a gap of more than 45 years and no nexus had been established. 

An addendum opinion from the same VA examiner that provided the October 2025 opinion was obtained in December 2025.  The VA examiner again opined that the Veteran's lower back condition was less likely than not incurred or caused by the claimed in-service injury, event, or illness.  The examiner reasoned that the Veteran verbally reported that his back pain began around 2009 and service treatment records were silent for complaints or injuries while in service.  The examiner continued that service treatment records and medical records after service were silent until 2010, when the Veteran reported that his back pain began around 2009.  The examiner also indicated that it was
 been a gap of more than 45 years and no nexus had been established. 

An addendum opinion from the same VA examiner that provided the October 2025 opinion was obtained in December 2025.  The VA examiner again opined that the Veteran's lower back condition was less likely than not incurred or caused by the claimed in-service injury, event, or illness.  The examiner reasoned that the Veteran verbally reported that his back pain began around 2009 and service treatment records were silent for complaints or injuries while in service.  The examiner continued that service treatment records and medical records after service were silent until 2010, when the Veteran reported that his back pain began around 2009.  The examiner also indicated that it was more likely that the Veteran's back pain was a result of wear and tear over time and aging and intervertebral disc degeneration is a primary age-related change. 

The Board finds the October 2025 VA opinion and the December 2025 addendum opinion to be inadequate for appellate review as the VA examiner did not specifically consider all relevant evidence of record including the July 2022 private opinion and the Veteran's numerous lay statements wherein, he reported that his back pain began in 1963 during service after an accident.  As a result, the Board will not afford the October 2025 VA opinion and the December 2025 addendum opinion any probative weight.

The Board acknowledges that the Veteran indicated in a September 2020 VA examination that the onset of his lower back pain developed around 2010 after he had sharp pain in his lower back during a massage.  However, in resolving reasonable doubt in favor of the Veteran, the Board interprets this statement as the Veteran describing when his back pain worsened to the point where he started to seek treatment for the pain and not when the true onset of his pain began.  The remaining lay statements of record were consistent that the Veteran's back pain began in 1963 after the training accident and that the pain continued since that time.  Additionally, in the April 2017 VA examination the Veteran explained how he endured his lower back pain with no treatment until 2009 or 2010 and in the April 2018 VA examination the Veteran reported that his condition had gotten worse over the years and the pain was minor and intermittent until age 55-60. 

Based on the probative evidence of record and resolving reasonable doubt in favor of the Veteran, the Board finds that the Veteran's lower back condition, to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS, is causally related to his service.  The probative evidence of record reflects that it is more likely than not that the Veteran's lower back condition developed secondary to his military service due to the injuries that occurred while on active duty as evidenced by the July 2022 private opinion.  Also as mentioned above, the July 2022 private opinion indicated that there was significant medical documentation to support that the Veteran had a progressively worsening low back condition and that it is common for a traumatic injury, such as the one the Veteran sustained, to initiate damage to lower back discs that progresses over time.  Therefore, service connection for a lower back condition, to include thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS, is warranted.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Melissa Cook, Associate 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.