Citation Nr: 18140326
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 15-02 846
DATE:	October 2, 2018
ORDER
Service connection for residuals of a right collar bone fracture is granted.
FINDING OF FACT
Resolving all reasonable doubt in the Veteran’s favor, residuals of a right clavicle fracture were incurred in service.
CONCLUSION OF LAW
The criteria for residuals, right collar bone fracture have been met.  38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from June 1955 to March 1957.
This matter come to the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee.
Generally, service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service.  This means that the facts establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein.  38 U.S.C. § 1131; 38 C.F.R. § 3.303(a).
Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability.  See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009).
Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical evidence.  VA must also consider all favorable lay evidence of record.  See 38 U.S.C. § 5107 (b) (2012); see also Layno v. Brown, 6 Vet. App. 465, 469-70 (1994) (a Veteran is competent to report on that of which he or she has actually observed and is within the realm of his or her personal knowledge).
The United States Court of Appeals for Veteran’s Claims (Court) has held that in cases where records once in the hands of the government are lost, the Board has a heightened obligation to explain its findings and conclusions and to consider carefully the benefit-of-the-doubt rule. See O’Hare v. Derwinski, 1 Vet. App. 365, 367 (1991).
Entitlement to service connection for residuals of a right collar bone fracture
The Veteran contends that he currently suffers from residuals, including pain and a decreased range of motion of his right shoulder, due to a collar bone fracture incurred during active duty service.
To prevail on a service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a).
The Veteran’s service records are not of record, and the RO indicated that the relevant records were lost in a fire.  In cases such as these, VA has a heightened duty to explain its findings and conclusions and to consider carefully the benefit of the doubt rule.  38 U.S.C. § 5107 (b); O’Hare v. Derwinski, 1 Vet. App. 365, 367 (1991).
VA records indicate a chronic healed fracture deformity and a painful decreased range of motion with crepitus in the Veteran’s right shoulder.  The current disability criterion is met
Current VA records indicate consistently that the Veteran suffered a right collar bone fracture while in 1958 while on active duty.
The Board finds the Veteran’s statements regarding his in-service injury as credible as they are consistent with multiple indications in his VA records that he suffered a right collar bone fracture while on active duty.
The Veteran underwent a physical examination to establish care at the VA in July 2013.  The examiner noted a history of a right collar bone fracture dating back to 1958 with current deformity, pain, and decreased range of motion.


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Considering the Veteran’s competent, credible, and consistent statements that his disability started during his active service, and in light of the fact that his service treatment records are not available, the Board finds that remand for a medical nexus opinion would be fruitless and unnecessary.  Instead, the Board finds that, resolving all reasonable doubt in his favor, the Veteran’s disability had its onset during his active service and is related to that service.  Service connection for right collar bone fracture residuals will therefore be granted.
 
ESTELA VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Baronofsky Associate Counsel