Citation Nr: 21073071 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 17-35 861 DATE: December 7, 2021 ORDER Service connection for left shoulder disability is granted. FINDING OF FACT The evidence is at least in equipoise as to whether the Veteran's left shoulder disability manifested during service. CONCLUSION OF LAW The criteria for service connection for left shoulder disability 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 December 1972 to October 1973. The Veteran appeared for a hearing before the Board in August 2019. The hearing transcript is associated with the claims file. In an October 2021 letter, the Veteran was advised the Veterans Law Judge (VLJ) who conducted the August 2019 hearing was no longer employed by the Board and he therefore had the right to another hearing with a different VLJ. 38 U.S.C. § 7107 (c), 38 C.F.R. § 20.707. The letter instructed the Veteran should respond within 30 days or the Board would proceed with adjudication. VA did not receive a response to the letter. Therefore, the Board will proceed with adjudication. Service connection for left shoulder disability The Veteran contends his left shoulder disability manifested during service. 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 Board finds the evidence is at least in equipoise as to whether the Veteran's left shoulder disability manifested during service. The Veteran has current left shoulder disability. See November 2020 examination. Service treatment records (STR) show left shoulder complaint, assessment of periarthritis of the left shoulder, and recommended treatment of Tylenol, topical medication, and a sling. See July 1973 and August 1973 STRs. Therefore, the question for the Board is whether the Veteran's left shoulder disability began during service or is related to service. An August 2019 private treatment letter opined the Veteran's continued complaint of left shoulder pain is more likely than not related to his left shoulder injury that occurred during service. The clinician noted the Veteran's initial injury occurred on July 19, 1973 when his sergeant flipped his mattress causing him to fall on the floor. The Veteran subsequently began to complain of pain in the left shoulder and was only able to extend his arm outward and unable to left arm over his head. He was ordered to wear a sling to support his arm and given medication for pain. He was later instructed to use topical medication and continue to use the sling. He was diagnosed with periarthritis of the left shoulder. The clinician stated since discharge, the Veteran continued to experience shoulder pain and taking OTC medications. A November 2020 VA medical opinion found the Veteran's left shoulder disability was less likely than not incurred in or caused by service, to include the Veteran's in-service July 1973 injury. The clinician's rationale was that the separation examination was silent for shoulder complaints and chronicity of symptoms after service was not shown. The Board gives probative weight to the August 2019 private treatment opinion finding the Veteran's left shoulder disability is more likely than not related to the Veteran's shoulder injury that occurred during service. The clinician discussed the Veteran's STR, post-service medical records, and Veteran lay statements. The opinion is consistent with lay statements made by the Veteran and his wife that the Veteran experienced left should symptoms continuously since separation from service. The Board gives less probative weight to the November 2020 VA medical opinion because it did not discuss the Veteran's left shoulder injury during service or his lay statements describing left shoulder symptoms since service. Accordingly, service connection for left shoulder disability is granted. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Winkler, Associate Counsel 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.