Citation Nr: 21009293
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 15-34 717
DATE: February 22, 2021

ORDER

Service connection for a right shoulder disability is granted.

FINDING OF FACT

The evidence shows that it is at least as likely as not that the Veteran’s current right shoulder disability is etiologically related to his service. 

CONCLUSION OF LAW

The criteria for service connection for a right shoulder disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1978 to October 1978, January 1994 to April 1994, and July 2009 to July 2010, including service in Iraq from August 2009 to June 2010.  His military specialty was food service operation. He also served in Army National Guard for various periods of time. 

An August 2018 Board decision remanded the issue of service connection for right shoulder for further developments, to include conduction a VA examination and obtaining a medical opinion on the etiology of the Veteran’s right shoulder condition.  Such developments have since been completed and the Board is satisfied that there has been substantial compliance with the remand directives.

Service Connection

Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. 

Here, the evidence shows that the Veteran has credibly and consistently reported that he began having right shoulder problems while deployed to Iraq in 2010.  His accounts have not changed or wavered over the many years he has pursued his appeal.  Likewise, medical professionals have acknowledged the Veteran’s reports that the right shoulder condition began in service in consultations outside of the VA process, giving further weight to the Veteran’s assertions.  The Board remanded for a medical opinion, but the examiner gave no weight to the Veteran’s assertions.  The Veteran first sought treatment for his right shoulder within two months of returning from Iraq.  While it is clear the Veteran’s post-service employment places stress on the shoulder, the evidence makes it at least as likely as not (50 percent or greater probability) that the condition began during service.  Accordingly, service connection for a right shoulder disability is granted.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Q. Wang, 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.