BVA Case 24-0585: Back

November 2023 Board Decision In the November 2023 decision on appeal,the Board denied service connection for a lumbar spine disability,finding that it did not manifest in service or within 1 year of discharge and was unrelated to service.

But the Board found that the articles submitted by the veteran's attorney about post-traumatic arthritis presuppose[]an initial injury, even multiple trivial injuries, which the Board did not find he sustained during service.

The Board found that the veteran's lumbar spine arthritis did not manifest within a year of discharge,because the veteran reported his lumbar spine pain began in 2010 and no lay or medical evidence suggested that it began before that.

The Board found that the overwhelming evidence suggested no in -service lumbar spine injury.

The Board noted that the veteran complained of a history of migraine headaches but at his separation examination denied recurrent back pain, which constituted negative evidence.

The Board summarized that the evidence failed to establish that an in-service event, disease,or injury caused the veteran's current lumbar spine condition,and the Board found that the veteran's own testimony established that his lumbar condition had its onset after a logging accident in 2010.

The Board found that the evidencepersuasively weighedagainst granting service connection for a lumbar spine disability.

The Board found that the veteran had claimed OSA only as secondary to his lumbar spine disability,and that the record did not reasonably raise entitlement to direct service connection.