Citation Nr: 21074614 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 17-54 390 DATE: December 15, 2021 ORDER Entitlement to service connection for a right shoulder disability is granted. Entitlement to service connection for a left shoulder disability is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran's favor, his right shoulder disability is at least as likely as not related to his military service. 2. Resolving reasonable doubt in the Veteran's favor, his left shoulder disability is at least as likely as not related to his military service. CONCLUSIONS OF LAW 1. The criteria for service connection for a right shoulder disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a left shoulder disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from September 1965 to August 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2016 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in October 2021. A transcript of the hearing is of record. SERVICE CONNECTION 1. & 2. Entitlement to service connection for a bilateral shoulder condition The Veteran asserts that he is entitled to service connection for a bilateral shoulder disability. Specifically, the Veteran contends that his bilateral shoulder disability is the result of being accidentally electrocuted in service. Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). During his October 2021 hearing, the Veteran testified that he was electrocuted in service while working on a transmitter. He reported that he had problems with his shoulders ever since the incident. Service treatment records (STRs) from September 1967 document the Veteran seeking treatment for electrocution. VA treatment records from September 2014 to March 2016 report the Veteran complaining of shoulder pain due to electrocution and receiving treatment for his disability. The Veteran appeared for a VA examination for his shoulders in August 2017. The Veteran reported that the onset of his symptoms was in 1968 after being electrocuted. The examiner diagnosed the Veteran with bilateral shoulder strain. The examiner opined that the Veteran's shoulder condition was less likely than not related to his military service. The examiner explained that the Veteran's STRs did not document a diagnosis or treatment for his shoulders or electrocution while in service. In support of his claim, the Veteran submitted a medical opinion from his private treating physician in September 2017. The Veteran's physician stated the Veteran has consistently reported an incident concerning electrocution in service. The physician reported that the incident involved high voltage electricity which traveled from one hand to the other through his shoulders. The physician stated the Veteran currently has shoulder pain and degeneration and opined that the Veteran's shoulder condition is at least as likely as not related to his in-service accident. In September 2021, the Veteran submitted a medical opinion from a different private physician in support of his claim. The physician opined the Veteran's shoulder condition was likely related to the electrocution he experienced during service. The physician explained that the Veteran's electrocution caused shoulder dislocation and arthritis is a known long term potential result of shoulder dislocation. Upon reviewing all of the relevant evidence of record the Board finds that entitlement to service connection for a bilateral shoulder disability is warranted. In this regard, STRs document that the Veteran was electrocuted during his active duty service and he currently has a diagnosis of a shoulder disability. While the August 2017 VA examiner opined that the Veteran's current disability was not related to his in-service accident, the examiner based this conclusion on the false pretense that the Veteran did not seek treatment for an electrocution during service. Not only is treatment for an electrocution documented in the Veteran's STRs, but he also has consistently reported being electrocuted throughout the record. As such, the August 2017 VA medical opinion is inadequate. Further, in the September 2021 medical opinion, the Veteran's private treating physician stated that the Veteran's arthritis is a likely result of dislocation which occurred when he was electrocuted. Thus, the Board will resolve any reasonable doubt in favor of the Veteran. Accordingly, entitlement to service connection for a bilateral shoulder disability is warranted. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. K. Hall, 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.