Citation Nr: 0003250 Decision Date: 02/09/00 Archive Date: 02/15/00 DOCKET NO. 96-43 776 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia THE ISSUE Entitlement to service connection for a low back condition. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Richard V. Chamberlain, Counsel INTRODUCTION The veteran had active service from September 1952 to April 1957. This appeal comes to the Board of Veterans' Appeals (Board) from December 1993 and later RO rating decisions that denied service connection for a low back condition. A September 1995 RO rating decision denied service connection for hypertension and arthritis of the shoulders, arms, and elbows. The veteran appealed these determinations in the September 1995 RO rating decision and then withdrew the appeal with these matters in April 1999. Hence, these matters are not for appellate consideration. 38 C.F.R. § 20.204 (1999). FINDING OF FACT The veteran's low back condition first demonstrated many years after service is related to parachute jumps in service. CONCLUSION OF LAW The veteran's low back condition was incurred in active service. 38 U.S.C.A. §§ 1110, 1131 (West 1991); 38 C.F.R. § 3.303 (1999). REASONS AND BASES FOR FINDING AND CONCLUSION A. Factual Background The veteran had active service from September 1952 to April 1957. Service medical records are negative for a low back disorder. The post service medical records reveal the veteran's history of low back surgery in the 1960's and demonstrate the presence of a low back disorder in the 1990's. The more salient medical reports with regard to the veteran's claim for service connection for a low back disorder are discussed in the following paragraphs. The veteran underwent a VA medical examination in September 1993. He gave a history of lumbar laminectomy in 1966. X- rays of the lumbosacral spine revealed degenerative joint disease and mild scoliosis. The diagnoses were status post lumbar laminectomy/mild lumbar scoliosis, and degenerative joint disease. A MRI (magnetic resonance imaging) of the lumbosacral spine was performed at a VA medical facility in October 1994. The impressions were status post diskectomy probably at L4-L5 on the right with scar tissue within the right anterior epidural space at that level; degenerative disc disease at L5-S1 with mild diffuse disc bulging at these levels; no evidence of significant spinal stenosis; and bilateral facet hypertrophy at L2-S1. A letter from a VA physician dated in February 1995 is to the effect that the veteran had been treated for a low back condition since November 1994. It was noted that the veteran reported a history of initial injury in jump school in service. The physician opined that the conditions found on the recent MRI of the veteran's lumbosacral spine could be related to injuries in service. A private medical report dated in February 1995 notes that the veteran underwent L4-5 diskectomy on the right side in 1968 and that he had undergone low back injuries while in service. The examiner opined that the veteran's degenerative changes in the spine and Schmorl's nodes were more likely due to the veteran's paratrooping than related to his knee injuries in service. The veteran testified at a hearing before the undersigned in October 1999. His testimony was to the effect that he had low back problems that were causally related to parachute jumps in service and/or to his service-connected bilateral knee condition. An October 1999 letter from a VA physician notes that the veteran had been a patient since November 1994. The physician opined that the veteran had chronic low back pain, facet joint mediated pain, and lumbar degenerative disease that were more likely than not caused by trauma sustained while parachuting in service. Service connection is currently in effect for left total knee replacement, rated 30 percent; right knee degenerative joint disease, rated 10 percent; and deep vein thrombosis of the left calf, rated zero percent. B. Legal Analysis The veteran's claim for service connection for a low back disorder is well grounded, meaning it is plausible. The Board finds that all relevant evidence has been obtained with regard to the claim and that no further assistance to the veteran is required to comply with VA's duty to assist him. 38 U.S.C.A. § 5107(a) (West 1991). In order to establish service connection for a disability, the evidence must demonstrate the presence of it and that it resulted from disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303. While the medical records do not demonstrate the presence of a low back condition until many years after service, service connection for such a condition may be granted if the evidence links it to an incident of service or to a service- connected disability. 38 C.F.R. §§ 3.303(b) and 3.310(a) (1999). In this case, the medical evidence indicates that the veteran had low back surgery in the 1960's, many years after service, and clinically demonstrates the presence of a chronic post operative residuals of diskectomy at L4-L5, degenerative disc disease at L5-S1 with disc bulging at these levels, and bilateral facet hypertrophy at L2-S1. The medical evidence contains medical opinions that link the veteran's current low back condition to parachute jumping in service, and indicate that it is more likely than not that this condition is due to such activity. There is no medical opinion of record that refutes the medical opinions linking the veteran's current low back condition to parachute jumping in service. The Board may only consider independent medical evidence to support its findings and may not rely on its own unsubstantiated opinion to support a decision. Colvin v. Derwinski, 1 Vet. App. 175 (1991). The veteran has claimed that his current low back condition is due to injuries sustained in parachute jumps in service and/or due to his service-connected knee conditions. The objective medical evidence supports his claim with regard to his low back condition being due to parachute jumping in service and supports granting service connection for his low back condition. Under the circumstances, the matter of secondary service connection for a low back condition is moot. ORDER Service connection is granted for the veteran's low back condition. J. E. Day Member, Board of Veterans' Appeals