Citation Nr: 20021055 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 18-30 366 DATE: March 24, 2020 ORDER Entitlement to service connection for a right leg condition is denied. FINDING OF FACT The Veteran’s right leg condition was acute during service and is not etiologically related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for a right leg condition are not met. 38 U.S.C. §§ 1110, 5103; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from June 1973 to July 1993. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for right leg condition is denied The Veteran contends that his current right leg condition is due to a 550-pound safe falling on him and pinning his leg against a concrete wall in 1991 during active service. See September 2017 notice of disagreement (NOD) and June 2018 VA Form 9. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). 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 related to an in-service injury, event, or disease. Service treatment records show the Veteran injured his right leg during service. A June 1991 treatment record shows the Veteran fell down 15-20 steps and complained of pain in his leg and knee. Clinical observation showed abrasion and swelling in the right leg. X-rays of the right leg and left knee failed to show acute body lesion or subluxation except stress-related bone change seen in mid-tibial shaft area. The right ankle appeared normal. In another June 1991 record with illegible date, “follow up on x-rays on legs” was noted. It further noted that the Veteran is having problems running, and “no PT/running” was noted. Service treatment records were silent for any further complaints of or treatment for the right leg. In the April 1993 Report of Medical History completed during the separation examination, the Veteran stated that he was in good health condition. The physical examination shows the Veteran’s lower extremities were marked as normal. Post-service medical records do not reflect ongoing complaints or treatment related to the right leg. The Veteran was afforded a VA examination in August 2017. The Veteran reported that in 1990, a 550-pound safe fell one story down on him and pinned his right leg to the wall. He reported that the right knee was significantly swollen and that he was treated at the Army treatment center. Following physical examination, the examiner diagnosed right knee strain and bilateral shin splints. The radiology report of the right knee and right tibia/fibula showed no significant abnormalities. The examiner opined that the conditions were less likely than not incurred in or caused by the claimed in-service injury. The examiner explained that the right leg condition was acute during service and that there was no continuity of care to support causal nexus. In the Veteran’s September 2017 NOD and his June 2018 VA Form 9, he acknowledged that he did not seek follow-up treatment because as a soldier, he never used sick call as a way of getting out of his duties. The Board concludes that, while the Veteran has a current diagnosis of right knee strain and shin splints, and evidence shows that an in-service injury occurred, the preponderance of the evidence weighs against finding that his right leg condition began during service or is otherwise related to an in-service injury. The Board observes that the service treatment records do not reflect that a 500-pound safe fell on the Veteran’s leg as he currently asserts. Rather, they merely reflect that he fell down the stairs. The Board therefore rejects the Veteran’s testimony regarding a 550-pound safe falling on his leg as not credible. The Board further observes that those records reflect the Veteran did not have a chronic right leg condition diagnosed in service. The discharge examination showed his leg was normal. The post-service medical records show the Veteran did not complain of a right leg condition, and was not diagnosed with a right leg condition, until August 2017, more than two decades after his separation from service. In addition to this evidence, the August 2017 VA examiner opined that the Veteran’s current right leg conditions are not at least as likely as not related to an in-service injury, event, or disease, including the 1991 injury and supported that opinion with a rationale. The 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). There is no other competent medical evidence pertaining to causal nexus. To the extent that the Veteran asserts his current right leg condition is related to service, he is not shown to possess the necessary medical knowledge to opine on this complex medical question and his unsupported lay assertion is insufficient evidence to establish etiology. See Kahana v. Shinseki, 24 Vet. App. 428, 438 (2011). Thus, to the extent that his statements are offered to establish a causal nexus, the Board affords them little probative weight. Consequently, the preponderance of the evidence weighs against finding that a causal nexus between the Veteran’s right leg conditions and service. As such, the benefit of the doubt doctrine does not apply, and service connection is not warranted. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Jake Choi 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.