Citation Nr: 20008046 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 19-06 037A DATE: January 30, 2020 ORDER Entitlement to service connection for a right shoulder disorder is denied. FINDING OF FACT The Veteran’s right shoulder disorder was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for a right shoulder disorder are not met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from February 1986 to June 1990, from November 2001 to September 2003, from May 2005 to July 2005, from February 2007 to June 2007 and from November 2008 to February 2009. This matter comes before the Board of Veterans Appeals (Board) on appeal from a March 2018 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). 1. Right Shoulder Impingement Syndrome The Veteran asserts that service connection for a right shoulder disorder is warranted as due to wear and tear from military service. Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). The Veteran has a current diagnosis of a right shoulder disorder, including right shoulder impingement syndrome, bicipital tendon tear, and degenerative arthritis, as evidenced by the March 2018 VA examination. Degenerative arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331. However, the disability was not shown as chronic in service, did not manifest to a compensable degree within a presumptive period, and was not noted in service with attributable continuity of symptomatology. Service treatment records are negative for complaints, findings or diagnoses related to the right shoulder, and VA treatment records failed to show any right shoulder complaints (other than muscle soreness due to conditioning) prior to February 2016, years after his separation from service and years outside of the applicable presumptive period. The Veteran has not asserted a continuity of symptomatology. Therefore, service connection for a right shoulder disorder is not warranted as a presumptive disability. Service connection for right shoulder disorder may still be granted on a direct basis; however, the preponderance of the evidence is against finding that a medical nexus exists between the Veteran’s right shoulder disorder and an in-service injury, event or disease. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303. The record contains conflicting medical opinions regarding whether the Veteran’s right shoulder disorder is at least as likely as not related to an in-service injury, event, or disease, including wear and tear. The March 2018 VA examiner opined that it was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event or illness. The rationale was that the Veteran’s right shoulder disorder is due to a 2015 workplace injury and that there was no documented right shoulder condition during service. The examination report included a June 2016 VA orthopedic consultation treatment note which reflected the Veteran’s reports of falling on his right arm while reaching a high shelf for a package at work in March 2018. The VA examiner’s opinion is probative because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008) (the probative value of a medical opinion comes from whether it is factually accurate, fully articulated, and has sound reasoning for the conclusion). In a May 2018 VA orthopedic note, J.L., a VA nurse, opined that it was more likely than not that the right shoulder condition occurred while the Veteran was in service. The rationale was that an injury occurred a long time ago causing the development of his arthritis condition. This opinion is, however, less probative than the VA examiner’s opinion. There is no indication that J. L. reviewed pertinent medical evidence in the claims file, to include the Veteran’s service treatment records and did not address the Veteran’s documented post-service work injury. Furthermore, the VA nurse did not provide a sufficient rationale for the opinions stated. See Id. Consequently, the Board gives more probative weight to the March 2018 VA examiner’s opinion as such considered all of the pertinent evidence of record, to include the statements of the Veteran, and provided a complete rationale, relying on and citing to the records reviewed. The Veteran believes his right shoulder disorder is related to an in-service injury, event, or disease. The Veteran in this case is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of pathology and interpretation of complicated diagnostic medical testing. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the VA opinion of record. Based on the foregoing, the Board finds the Veteran’s right shoulder disorder is not the result of active service. Consequently, the Board finds that service-connection is not warranted. In reaching such decision, the Board has considered the applicability of the benefit of the doubt doctrine. However, the preponderance of the evidence is against the Veteran's claim for service connection for a right shoulder disorder. As such, that doctrine is not applicable in the instant appeal, and his claim must be denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Kristy L. Zadora Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. M. Donahue Boushehri The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.