Citation Nr: 21076282
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 15-10 341A
DATE: December 23, 2021

ORDER

Entitlement to service connection for a left shoulder disability is granted.

FINDING OF FACT

The Veteran's left shoulder disability is related to an in-service injury.

CONCLUSION OF LAW

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 FINDING AND CONCLUSION

The Veteran served on active duty from April 1977 to April 1997. In October 2018, he testified before the undersigned; a transcript of the hearing is associated with the record. This matter was most recently remanded in July 2021. 

The Veteran contends that his left shoulder arthritis is related to an in-service injury or event.  

The Board concludes that the Veteran has a current disability that began during active service and is related to an 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). 

During service, the Veteran had two instances where he reported left shoulder pain. Medical records indicate he was seen in October 1984 for his left shoulder pain aggravated by lifting and movement. The pain was diagnosed as costochondritis. In March 1995, the Veteran sought treatment for his left shoulder, stating he had pain in his shoulder for 2 months. The pain was diagnosed as a left trapezoid strain and the Veteran was placed on light duty. At a January 1997 Separation examination, the shoulder was reported as normal. In a report of medical history questionnaire, the Veteran denied having any pain in his shoulders. January 2013 Social Security treatment records indicate the Veteran reported left shoulder pain for a year with no injury. He was diagnosed with degenerative joint disease.

The Board previously determined that the negative VA opinions provided after October 2013, November 2019 and May 2021 VA examinations were inadequate. Those opinions will not be discussed further. 

The Board remanded the claim in July 2021 in order to get an adequate opinion. In September 2021, a VA examiner reviewed the record and detailed the pertinent evidence and history and ultimately provided a positive nexus opinion. The examiner concluded that it is at least as likely as not that the Veteran's currently diagnosed left shoulder degenerative joint disease was incurred in service. The examiner said the left shoulder condition presented as left trapezius strain while in-service and the left shoulder was overlooked. The Veteran's military occupation specialty was Firefighter, which the examiner described as a physically demanding job with a prevalence of shoulder injuries due to holding, pushing, pulling heavy equipment and reaching overhead, placing pressure on the acromionavicular joint. 

The 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 (2008).

Upon review of the record, the Board finds that service connection for left shoulder arthritis is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jarman, 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.