BVA9500562 
DOCKET NO.  93-11 283     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUE

Entitlement to service connection for a low back disability.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

M. Siegel, Counsel

INTRODUCTION

The veteran served on active duty from March 1966 to March 1991.

This appeal initially arose from a rating decision of January
1992 from the Cleveland, Ohio, Regional Office (RO).  By means of
a Remand decision dated in April 1994, the Board of Veterans'
Appeals (Board) sought additional development of the record.  In
a rating decision of July 1994, the RO maintained its denial of
service connection for a low back disability.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends, in essence, that the RO erred when it
denied service connection for a low back disability.  He
specifically alleges that the low back problems that are
currently manifested began during his active service.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran's claims file.
Based on its review of the relevant evidence in this matter, and
for the following reasons and bases, it is the decision of the
Board that the evidence favors the granting of service connection
for a low back disability.

FINDINGS OF FACT

1.  All evidence necessary for an equitable disposition of the
veteran's claim has been developed.

2.  Lumbosacral strain was initially manifested during active
service.

CONCLUSION OF LAW

A low back disability was incurred during active service.  38
U.S.C.A. §§ 1110, 1131, 5107(b) (West 1991).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Initially, the Board finds that the veteran's claim is "well
grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West
1991); that is, he has presented a claim that is plausible.  He
has not indicated that any records of probative value that may be
obtained and which have not already been associated with his
claims folder are available.  The Board accordingly finds that
the duty to assist him, as mandated by 38 U.S.C.A. § 5107(a)
(West 1991), is satisfied.

As indicated above, the veteran in essence contends that he has a
low back disability that initially began during his period of
active service, and that service connection is warranted
therefor.  After a review of the record, the Board finds that his
contentions are supported by the evidence, and that service
connection for a low back disability is appropriate.

The report of the medical examination conducted in conjunction
with the veteran's entrance into active service, dated in August
1965, shows that he was clinically evaluated as normal in all
relevant aspects; this report does not note the presence of any
low back problems, or complaints indicative thereof.  However,
service medical records dated in 1986 and thereafter show
intermittent but persistent complaints of low back pain, with
findings to include scoliosis and mechanical low back pain;
levoscoliosis and osteoporosis were shown on X-ray.  The report
of the medical examination conducted in conjunction with his
separation from service, dated in December 1990, while indicating
that his spine and other musculoskeletal systems were clinically
evaluated as normal, also indicates that he had
"[s]wollen/painful joints, shoulders, back 1987 to present,
possibly arthritis...."

Medical records compiled subsequent to the veteran's separation
from active service likewise show continued low back problems.
The report of a radiologic study of the lumbosacral spine,
conducted in November 1991 in conjunction with a Department of
Veterans Affairs (VA) orthopedic examination, notes the presence
of mild scoliosis to the left, but that otherwise the study was
normal.  The report of that orthopedic examination, however,
shows that tight lumbosacral paraspinous muscles were discerned,
with impressions to include recurrent lumbosacral "sprain."
Likewise, the report of a VA orthopedic examination conducted in
June 1994 indicates a diagnosis of chronic lumbosacral strain
with scoliosis, with remarks by the examiner as follows:

In reviewing the file on the [veteran], it
is evident that he has symptoms of
lumbosacral strain since the
service.  The underlying scoliosis is
undoubtedly a developmental structural
problem.  He continues to have symptoms
related, in my opinion, due to his
lumbosacral strain.

In addition, the report of a radiologic study undertaken in
conjunction with that examination, while again noting the
presence of scoliosis, also notes that "[t]here is a suggestion
of possible early minimal arthritic spurring," albeit
"exceedingly slight."

The question that must be determined, accordingly, is whether the
lumbosacral strain currently manifested began during the
veteran's period of active service.  The Board finds, with
application of benefit of the doubt provisions set forth at 38
U.S.C.A. § 5107(b) (West 1991), that the evidence does in fact
demonstrate that the lumbosacral strain currently shown was
manifested during his service, in the form of complaints of low
back pain and findings of mechanical low back pain.  In this
regard, the Board must reiterate that a VA examiner, in June
1994, found that the veteran has had symptoms of lumbosacral
strain "since the service," and in so finding distinguished
lumbosacral strain from scoliosis that was "underlying."  See 38
C.F.R. § 3.303 (1993).

In view of the foregoing, the Board finds that the evidence
favors the granting of service connection for a low back
disability, and that service connection therefor is appropriate.
38 U.S.C.A. §§ 1110, 1131, 5107(b) (West 1991).

ORDER

Service connection for a low back disability is granted.

          U. R. POWELL
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.