Citation Nr: 18145392
Decision Date: 10/30/18	Archive Date: 10/26/18

DOCKET NO. 15-44 366
DATE:	October 30, 2018
ORDER
Service connection for status post left clavicle fracture is granted.
FINDING OF FACT
The Veteran’s status post left clavicle fracture is a result of injuries sustained during service. 
CONCLUSION OF LAW
The criteria for service connection for status post left clavicle fracture have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty with the United States Army from June 1990 to July 1998, and from October 2007 to February 2013. 
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington. 
The Veteran contends that his chronic left shoulder joint pain and limited range of motion is related to injuries incurred while on active duty. The Veteran states his first left clavicle fracture occurred May 1997 while playing sports. He also contends that his pain is continuous and occurs while walking at a normal pace or sleeping on his left side. 
Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.
Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits. VA shall consider all information lay and medical evidence of record in a case and when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107 (2012); 38 C.F.R. § 3.102 (2017); Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).  To deny a claim on its merits, a preponderance of the evidence must be against the claim.  Alemany v. Brown, 9 Vet. App. 518, 519 (1996).
A May 2016 VA medical record shows that the Veteran has a current left shoulder disorder, diagnosed as degenerative joint disease. Thus, the question remaining for the Board is whether the Veteran’s current left shoulder disorder is related to his military service. 
In this regard, the Veteran’s service treatment records show he was treated for a left clavicle fracture in May 1997.  An April 1998 report of medical examination includes a notation of “abnormal heal/union” of the left clavicle.  The Veteran was seen again between January and March of 2009 for shoulder pain and stated concern that his left clavicle might have refractured. He was initially noted to have a left shoulder sprain and the examiner later noted that the Veteran fractured his left clavicle three years prior. A March 2009 physical examination revealed a diagnosis of localized joint pain in the shoulder.  Subsequent service treatment records document reports of shoulder pain.   

A May 2016 physician’s note reflects the Veteran’s history of an in-service injury and continued left shoulder symptomatology since then that had become progressively worse.  The physical examination noted chronic joint pain and a decrease in range of motion on the left shoulder joint.  The x-ray examination revealed degenerative AC joint disease and a remote fracture deformity of the left clavicle.  
Given the in-service evidence of a left shoulder fracture, noted to have abnormally healed, and the medical and lay evidence indicating a continuity of symptomatology since service, the Board resolves all reasonable doubt in favor of the Veteran and finds that service connection for post left clavicle fracture is warranted.  The appeal is granted. 

 

 
DELYVONNE M. WHITEHEAD
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Hamed, Law Clerk