Citation Nr: 21077437 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 17-17 739 DATE: December 29, 2021 ORDER Service connection for left shoulder condition, previously claimed as right collarbone condition, is granted. Service connection for right foot condition is granted. Service connection for left foot condition is granted. FINDINGS OF FACT 1. The Veteran's left shoulder condition had its onset in service. 2. The Veteran's right foot condition had its onset in service. 3. The Veteran's left foot condition had its onset in service. CONCLUSIONS OF LAW 1. The criteria for service connection for left shoulder condition have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for right foot condition have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for left foot condition have been met. 38 U.S.C. §§ 1110, 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 Army from October 1970 to June 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge in September 2020. These matters were remanded by the Board in May 2021 for further development. The Board notes that VA is to construe the claims of Veteran's liberally, focusing on the area of the body or description of the condition claimed rather than the specific diagnosis noted by the Veteran. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). During the July 2021 VA examination, the examiner stated that the Veteran made a mistake when he claimed the right collarbone as the injury that he is claiming occurred 44 years prior to his claim being made; he had simply forgotten which shoulder was injured during service because he has injured both shoulders in accidents unrelated to the military. Thus, to the extent the Veteran filed a claim seeking service connection for right collarbone, the Board is liberally construing the Veteran's claim as a claim seeking service connection for left shoulder condition. Service Connection To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active-duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. 1. Service connection for left shoulder condition. 2. Service connection for right foot condition. 3. Service connection for left foot condition. The Veteran contends that his left shoulder condition, right foot condition, and left foot condition are related to service. He maintains that each of these conditions has been recurrent since service. During the September 2020 hearing, the Veteran testified that he had problems with his feet in the military and went to sick call seeking treatment. He stated that he lagged behind during forced marches, had a lot of pain in his feet following running, and his feet have continued to be a problem since service. The Veteran also testified that he cracked his right collarbone when he fell down steps while living in an apartment with his wife during service in Germany. He stated that service doctors thought it was a sprain and he was given a brace and sling to wear for six weeks. The Veteran's former spouse submitted an October 2020 statement noting her marriage to the Veteran during his time in service. She stated that the Veteran injured his collarbone and had to wear a sling for approximately eight weeks while stationed in Germany. The Veteran's service treatment records show complaints and treatment for his feet and left shoulder. See Medical Treatment Records, November 1970 and June 1971. In July 2021, a VA examiner diagnosed the Veteran with bilateral plantar fasciitis and mild left shoulder separation. After a review of the Veteran's record, the examiner opined that the Veteran's bilateral plantar fasciitis and mild left shoulder separation are at least as likely as not related to the claimed in-service injury. This opinion is based on a review of the Veteran's relevant medical history, and the Board finds the opinion highly probative. Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). As the competent and credible lay and medical evidence shows that the Veteran's right and left foot condition and left shoulder condition is related to service, service connection is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.