Citation Nr: 21013083 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 15-19 669 DATE: March 8, 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. The Veteran’s right shoulder arthritis had its onset in service. 2. The Veteran’s left shoulder arthritis and neuropraxia had its onset in service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for a right shoulder disability, to include arthritis, are met. 38 U.S.C. §§ 1112, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for entitlement to service connection for a left shoulder disability, to include arthritis and neuropraxia, are met. 38 U.S.C. §§ 1112, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from April 1977 to December 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The Board remanded the appeal for further development in January 2019 and August 2020. Service Connection 1. Entitlement to service connection for a right shoulder disability is granted. 2. Entitlement to service connection for a left shoulder disability is granted. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Certain chronic disabilities, including arthritis and organic disease of the nervous system, may be presumed to have been incurred in service when manifest to a compensable degree within one year of discharge from active duty. 38 U.S.C. § 1112; 38 C.F.R. §§ 3.307, 3.309. The option of establishing service connection through a demonstration of continuity of symptomatology is specifically limited to the chronic disabilities listed in 38 C.F.R. § 3.309(a). See 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Here, the presence of a current shoulder disabilities is not in dispute, as the Veteran has been diagnosed with bilateral shoulder osteoarthritis, as well as left shoulder neuropraxia. See January 2014 VA examination report and October 2018 private treatment record. Accordingly, the first element of service connection is established. Regarding the second and third elements, in-service incurrence of an injury and nexus, the Veteran’s service treatment records (STRs) reflect his reports of shoulder pain as a result of being in motor vehicle accidents (MVAs) and he was diagnosed with left shoulder strain, left upper trapezius strain, and a pulled right shoulder muscle. See December 1978, April 1980, March 1986, and April 1987 STRs. Moreover, the Veteran competently and credibly reported an onset of shoulder pain following the MVAs during service and continuous shoulder symptomology since that time, including numbness. See January 2014 VA examination report and Board Hearing Transcript at 3-5. He also reported that his shoulder disabilities stemmed from the same MVAs for which he was awarded service connection for bilateral knee disabilities in a December 2013 rating decision. Board Hearing Transcript at 8; see also May 2015 VA Form 9 and November 2020 lay statement. In this regard, the Board finds that the Veteran is competent to report continuous shoulder pain stemming from the MVAs in service, and the Board finds his reports credible given the consistency of his statements. Critically, there is no indication in the record of any intervening shoulder injury after service separation, and the Board has no reason to doubt the Veteran’s credibility. Furthermore, the Veteran’s statements as to a bilateral shoulder arthritis and left shoulder neuropraxia nexus through continuity of symptomatology is supported in the October 2018 statement of Dr. Michael, the Veteran’s private treating physician, who opined that it was at least as likely as not that the Veteran’s bilateral shoulder disability was the result of an injury sustained during service, albeit without supporting rationale. Dr. Michael also attributed the Veteran’s left shoulder neuropraxia to the in service MVA. See October 2018 private treatment record. Accordingly, considering the Veteran’s competent and credible reports and Dr. Michael’s statements, the Board finds that service connection for a right and left shoulder arthritis and left shoulder neuropraxia based on continuity of symptomatology is warranted. The Board acknowledges the unfavorable opinions of the January 2014/September 2019 and October 2020 VA examiners. However, these opinions were based on the lack of chronicity of care documented in the Veteran’s STRs and did not discuss the Veteran’s involvement in multiple MVAs and reports of continuous pain since, which renders them inadequate. Thus, these opinions are afforded no probative value. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.S. Mahoney 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.