Citation Nr: 18147875
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 16-41 382
DATE:	November 6, 2018
ORDER
Service connection for right elbow lateral epicondylitis is granted.
FINDING OF FACT
Resolving all doubt in his favor, it is at least as likely as not that the Veteran’s right elbow lateral epicondylitis is related to active duty service.
CONCLUSION OF LAW
The criteria for entitlement to service connection for right elbow lateral epicondylitis have been met.  38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 3.307, 3.309.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from August 1984 to October 1985, and from October 2009 to April 2011.  
Service Connection
Entitlement to service connection for a right elbow disorder
The Veteran asserts that his right elbow disorder, diagnosed as lateral epicondylitis, had its onset during service, or was otherwise etiologically related to service.  
The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not etiologically related to, including aggravated by, an in-service injury, event, or disease.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995); 38 C.F.R. §§ 3.303(a), 3.304, 3.306, 3.307, 3.309.
In this case, based on the evidence of record, the Board determines that service connection is warranted for the Veteran’s right elbow disorder.
The service treatment records from the Veteran’s second tour of duty reflect that he injured his right elbow from falling out of his bed after a mortar explosion in August 2010.  He experienced continuing pain during service that was treated with injections, physical therapy, medications, and a brace.  At separation, the Veteran had a diagnosis of right lateral epicondylitis.  Next, the Veteran’s credible statements, in conjunction with the treatment records, indicate that he has had right elbow pain since service.  Further, the May 2011 and January 2013 VA examiners determined that the Veteran’s elbow disorder began in service.  As such, the evidence is at least in equipoise that the Veteran’s right elbow disorder had its onset in, or is otherwise related to service.  
The Board acknowledges that the evidence includes a negative opinion from the January 2013 VA examiner which indicates the Veteran’s condition is “quiescent/resolved.”  As an initial matter, the Board finds that it is unclear, based upon the examiner’s report, if the Veteran’s condition has in fact resolved or if it is merely asymptomatic.  As a result, in affording the Veteran every reasonable doubt, the Board finds that the Veteran’s right elbow disorder has not resolved and was asymptomatic at the time of the examination – especially in light of the fact that the Veteran had subjective complaints of right elbow pain since service.  Moreover, the Board determines that the examination findings related to the current severity of the disorder are of limited probative value in establishing a nexus for service connection claim.  Therefore, given that the overwhelming medical evidence reflects that the Veteran sustained an in-service injury that continued to manifest with objective symptomatology through at least part of the period on appeal, the Board finds that the evidence is in relative equipoise that his disorder is related to service.  As such, service connection should be granted.  
 
BARBARA B. COPELAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Meyer, Associate Counsel