Citation Nr: 21071695 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 16-17 891 DATE: December 1, 2021 ORDER Entitlement to service connection for a low back condition is denied. Entitlement to service connection for a left shoulder condition is denied. Entitlement to service connection for a right hip condition is denied. FINDINGS OF FACT 1. The most probative evidence of record fails to demonstrate that the Veteran's low back condition is related to service. 2. The most probative evidence of record fails to demonstrate that the Veteran's left shoulder condition is related to service. 3. The most probative evidence of record fails to demonstrate that the Veteran's right hip condition is related to service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for a low back condition have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for entitlement to service connection for a left shoulder condition have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 3. The criteria for entitlement to service connection for a right hip condition have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1977 to February 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in April 2019 for further development. Service Connection 1. Entitlement to service connection for a low back condition is denied. 2. Entitlement to service connection for a left shoulder condition is denied. 3. Entitlement to service connection for a right hip condition is denied. Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R.§ 3.303(a). Service connection can be demonstrated for a disease diagnosed after service when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). In order to establish service connection, the evidence must generally 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 506 (1995). Alternatively, under 38 C.F.R. § 3.303(b), the second and third Shedden/Caluza elements can be established through a demonstration of continuity of symptomatology. For the purposes of 3.303(b), where a Veteran asserts entitlement to a chronic condition but there is insufficient evidence of a diagnosis in service, he can establish service connection by demonstrating a continuity of symptomatology since service, but only if the chronic disease, to include arthritis, is listed under 38 C.F.R. § 3.309(a). Walker v. Shinseki, 708 F.3d 1331, 1337-39 (Fed. Cir. 2013). In addition, such chronic diseases, to include arthritis, may be presumed to have been incurred in service if it becomes manifest to a degree of 10 percent or more within one year of discharge from service. 38 U.S.C. §§ 1110, 1112; 38 C.F.R. §§ 3.307, 3.309. For disabilities that are not listed as chronic under 38 C.F.R. § 3.303(b), the only avenue for service connection is by showing in-service incurrence or aggravation under 38 C.F.R. § 3.303(a), or by showing that a disease that was first diagnosed after service is related to service under 38 C.F.R. § 3.303(d). 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 claimant is competent to report on that of which he or she has personal knowledge). Lay evidence can also be competent and sufficient evidence of a diagnosis or to establish etiology if: (1) the layperson is competent to identify the medical condition; (2) the layperson is reporting a contemporaneous medical diagnosis; or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). The Veteran asserts that service connection is warranted for his low back condition, left shoulder condition, and right hip condition. He has a current diagnosis of chronic low back pain, left shoulder degenerative joint disease, and right hip osteoarthritis. Therefore, the Veteran has current diagnosed disabilities for each of his respective claims and the first element of service connection has been met. The Veteran's service treatment records, which the Board notes are incomplete, with the RO making a formal finding that the missing records were unable to be located, are silent for complaint, treatment, or diagnosis of any of his claimed conditions. The Veteran has not expressed a theory of entitlement to his claimed conditions. He has not reported experiencing any low back, left shoulder, and/or right hip symptoms or injuries during service, or explained why he believes that his current conditions are related to service. The Veteran's VA treatment records dated from 1990 to 2021 have been obtained. An April 1991 chest x-ray showed minimal degenerative changes in the mid-thoracic spine. In October 1999, the Veteran reported back pain for one month and was diagnosed as having questionable sprain. In March 2013, the Veteran reported that he has had right hip pain for the last 2 years, with no history of injury. A February 2014 VA treatment record notes left shoulder pain for a long time, with a fall occurring many years ago but nothing recent. A March 2014 record indicates right hip and left shoulder pain from known arthritis. An October 2014 record notes that he had a fall in the last 3 months and injured his hip and legs. A January 2015 medical record notes chronic low back pain, with no history of injuries. The evidence of record does not note any in-service injuries related to the claimed conditions, nor has the Veteran reported any. The Board has considered the Veteran's lay assertions, in the form of his January 2014 VA Form 21-526 Application for Compensation, that his low back, left shoulder, and right hip conditions began on January 1, 1979 in service. The Board finds such question to be complex in nature. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007) (although the claimant is competent in certain situations to provide a diagnosis of a simple condition such as a broken leg or varicose veins, the claimant is not competent to provide evidence as to more complex medical questions). There is no evidence that the Veteran possesses the requisite skill, training, or experience to determine that his low back, left shoulder, and right hip conditions are related to service. Thus, his lay statement in the form of his application for compensation is not competent and lacks probative value in the present appeal. Further, the Veteran was scheduled for a hearing before the Board in February 2019, but failed to appear. He was also scheduled for VA examinations concerning his claimed conditions in April 2021, but failed to appear. See 38 C.F.R. § 3.655(a). Although VA has a duty to assist in the development of a claim, such duty is not "a one-way street." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991), aff'd on reconsideration, 1 Vet. App. 406 (1991). Rather, the Veteran also has an obligation to assist in the adjudication of his claim. "If a veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence." Wood, 1 Vet. App. at 195. In sum, there is no competent evidence of any low back, left shoulder, and/or right hip symptoms or injuries during service, and no competent evidence relating the Veteran's current low back, left shoulder, and right hip disorders, first diagnosed many years after service, to any incident of service. Accordingly, the Veteran's claims of entitlement to service connection for a low back condition, left shoulder condition, and right hip condition must be denied. See 38 C.F.R. § 3.303. In reaching this conclusion, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the Veteran's claims, that doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Mohammad 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.