Citation Nr: 21003999
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 20-09 843
DATE: January 25, 2021

ORDER

Entitlement to service connection for injury to the left lower leg is granted.

FINDING OF FACT

Resolving reasonable doubt in the Veteran’s favor, his residuals of injury to the left lower leg is at least as likely as not related to his in-service automobile accident with injury.

CONCLUSION OF LAW

The criteria for service connection for residuals of injury to the left lower leg are 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 from September 1954 to January 1958.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge during a January 2021 Board hearing. As the claim can be granted in full, the Board is expediting the decision and the hearing transcript will be associated with the claims folder at a later date.

1. Entitlement to service connection for injury to left lower leg.

The Veteran contends that he has a current left lower leg condition which was caused by an in-service injury. Specifically, he contends that he injured his left lower leg when it was caught in an automobile door while serving in South Korea.

The Board concludes that the Veteran has a current disability that is related to his in-service injury.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).

October 2017 private treatment records show the Veteran has a current diagnosis of calcification of the fibula and tibia of the left lateral leg.  Thus, the question becomes whether the current disability is related to service.  

The Board notes that the Veteran’s service treatment records are unavailable for review. Numerous attempts have been made to locate them, but they were likely lost due to a fire at the records repository.

However, an October 2017 private treatment record notes that the Veteran’s left leg has “calcifications (which) are seen along the interosseous membrane in the midcalf.” The treating physician noted that “previous trauma with previous partial disruption of the interosseous membrane between the tibia and fibula.” The treating physician noted the Veteran’s report of an in-service injury and opined that the calcification was consistent “with the physical examination and history.”

The Board has reviewed the Veteran’s VA and private treatment records. There is no evidence of a prior post-service trauma.

Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current claimed left lower leg disability is related to service.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for residuals of left lower leg injury is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael J. O’Connor

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.