Citation Nr: 18146233 Decision Date: 10/31/18 Archive Date: 10/30/18 DOCKET NO. 18-40 901 DATE: October 31, 2018 ORDER Entitlement to service connection for bilateral shin splints is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran’s bilateral shin splints began during active service, or is otherwise related to an in-service injury, event, or disease. CONCLUSION OF LAW The criteria for entitlement to service connection for bilateral shin splints have not been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran active duty in the U.S. Air Force from May 1996 to December 1998. This case comes before the Board on appeal from a March 2018 rating decision. Service Connection Claim Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. § 1110 (2012); 38 C.F.R. § 3.303(a) (2017). “To establish a right to compensation for a present disability, a Veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service”- the so-called “nexus” requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In making all determinations, the Board must fully consider the lay assertions of record. A layperson is competent to report on the onset and continuity of his current symptomatology. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a Veteran is competent to report on that of which he or she has personal knowledge). Likewise, the Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for evidence, which it finds to be more persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Equal weight is not accorded to each piece of evidence contained in the record; not every item of evidence has the same probative value. When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C. § 5107(b) (2012). Entitlement to service connection for bilateral shin splints is denied. Here, the Veteran contends that she had bilateral shin splints since her time in service, which had become progressively worse. See March 2018 NOD. However, the evidence of record fails to show that the Veteran had bilateral shin splints during her time in service or within a year of discharge. At the outset, the Veteran has been diagnosed with bilateral shin splints meeting the first element of service connection. See December 2017 VA Examination. However, the claim fails to meet the second prong, which requires an in-service incurrence or aggravation of a disease or injury. Specifically, the Veteran’s STRs are negative for complaints, treatment or a diagnosis of bilateral shin splints. There are numerous notes regarding the Veteran’s bilateral knee injuries, a back injury, and an achilles injury, but there are no complaints or treatment for bilateral shin splints. Even more, in the December 1998 separation examination, it was indicated that the Veteran was asymptomatic and doing well. The Board acknowledges the Veteran’s contention that she was treated for bilateral shin splints during her time in service, specifically in 1996, when she was put on restricted duty. See March 2018 NOD. The Board finds, however, that the Veteran was put on restricted duty for diagnoses of patellofemoral knee pain, bilateral achilles tendinitis, and an ankle sprain. There was no diagnosis of bilateral shin splints. See May 1996 STRs. Moreover, in the February 2018 VA medical opinion, the VA examiner opined that the Veteran’s bilateral shin splints were less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner reasoned that the pertinent enlistment examination was normal, which indicated a presumption of soundness. The examiner explained that there was no diagnosis of shin splints in the Veteran’s STRs. Even more, the examiner pointed out that shin splints are a separate and distinct diagnosis from a knee strain. Therefore, the examiner concluded that based on the evidence of record a nexus cannot be established between the claimed bilateral shin splints and an in-service event or injury. Therefore, the evidence shows that the Veteran did not have bilateral shin splints during service or immediately upon discharge from service. Thus, the appeal must be denied. Accordingly, as the preponderance of the evidence is against the claim, the benefit of the doubt doctrine is not for application and the claim must be denied. See 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD I. Umo, Associate Counsel