Citation Nr: 21011047 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 13-09 513 DATE: February 26, 2021 ORDER Service connection for right shoulder strain is granted. Service connection for left shoulder strain is granted. Service connection for cervical spine degenerative arthritis is granted. FINDINGS OF FACT 1. The Veteran’s right and left shoulder strain had their onset in service. 2. The Veteran’s cervical spine condition had its onset in service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral shoulder condition have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for cervical spine condition have been met. 38 U.S.C. §§ 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 Air Force from January 1977 to October 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2016, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. This case was previously before the Board in August 2016, September 2017, January 2019 and October 2020 and remanded for additional development. In October 2020, the Board issued a letter to the Veteran inviting him to request a virtual tele-hearing instead of waiting for a travel board hearing. In October 2020 it was determined that a hearing had already been conducted in this appeal. The Board will thus proceed to the adjudication of the appeal based on the current record. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303 (2018). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. See Alemany v. Brown, 9 Vet. App. 518 (1996). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a). The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). Indeed, in Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability. Id. at 1076; see also 38 U.S.C. § 7104 (a) (West 2002). Moreover, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). Bilateral shoulder condition and cervical spine arthritis The Veteran seeks service connection for his neck and bilateral shoulder conditions. In support, he reported that he started having problems with his neck and bilateral shoulders in service due to an injury while moving foot lockers and the use of his flack-jacket. See BVA hearing transcript (April 2016). The Veteran was diagnosed with left and right shoulder strain. See VA medical examination (November 2020). Additionally, he was diagnosed with degenerative arthritis of the cervical spine. Id. Thus, the Veteran has a current condition in his shoulders and neck, thus establishing the first element for service connection. Additionally, the Veteran’s service treatment records show he was treated for his neck pain in service. See STR (August 1987). The Veteran’s records show complaints of bilateral shoulder and neck pain and treatment. Further, the Veteran provided sworn testimony explaining the cause of his shoulder and neck problems in service and treatments thereafter. See BVA hearing transcripts (April 2016). The evidence shows that the Veteran’s bilateral shoulder and neck disabilities are related to service, thus, service connection is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that “the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty”). The Board finds that the evidence linking the Veteran’s bilateral shoulder and neck conditions to service is probative, competent and credible. Further, the Board also finds that the competent and credible medical and lay evidence, including the Veteran’s sworn testimony, spouse and private physician statements shows that his bilateral shoulder and neck problems began during service and have been recurrent since that time. See BVA hearing transcript (April 2016) and see also buddy statements M.W. and R.M. (October 2019). The Veteran is competent to report his bilateral shoulder and neck symptoms that began in service and the Board finds the Veteran’s statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. The Board finds that the medical and lay evidence is consistent with other evidence of record, and further finds that it is competent and credible. (Continued on the next page)   The Board finds that the evidence, including the Veteran’s sworn testimony, shows that the Veteran’s bilateral shoulder and neck disabilities had their onset in service and have been recurrent since that time. Resolving all reasonable doubt in the Veteran’s favor, the Board finds that the Veteran’s bilateral shoulder strain and neck condition had their onset during his period of military service. As such, service connection is granted. See 38 C.F.R. § 3.303 (a). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alvarado- 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.