Citation Nr: 22012089 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 18-17 358 DATE: March 2, 2022 ORDER Service connection for a left shoulder disability is granted. Service connection for a cervical spine disability is granted. FINDINGS OF FACT 1. The Veteran began experiencing symptoms of his current left shoulder disability in service and has continued to experience such symptoms since that time. 2. The Veteran began experiencing symptoms of his current cervical spine disability in service and has continued to experience such symptoms since then. CONCLUSIONS OF LAW 1. 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. 2. The criteria for service connection for a cervical spine disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from March 1973 to July 1981. He testified at a hearing before the undersigned Veterans Law Judge in October 2021. Service Connection Left Shoulder and Cervical Spine Disabilities 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. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Furthermore, a layperson is competent to report on the onset and continuity of his or her current symptomatology. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). The Veteran contends that his current left shoulder and cervical spine disabilities began in service following multiple fall injuries he sustained therein, particularly one where he fell from the top rung of a ladder. He underwent VA examinations for these disabilities in June 2018, at which time the examiner diagnosed cervical spondylosis and left shoulder strain. Thus, the current disability prongs of these claims are met, and the remaining question is whether these disabilities are medically linked to any incident of service or whether they onset therein. In October 2021, the Veteran testified that he began experiencing left shoulder and neck problems in service after being injured in multiple falls, the most severe being a fall down a ladder leading into the fire room on a ship in 1977. Importantly, his service treatment records show that he sought treatment in November 1977 after falling down a ladder and complained of left shoulder and neck pain. He further testified that his left shoulder and neck symptoms would come and go seasonally since then. The Board of Veterans' Appeals (Board) finds that the Veteran's statements about the history (and onset) of his left shoulder and neck symptoms are credible, especially in light of the corroborating service treatment records showing that he treated for these issues in service following the injury he reported at the Board hearing. These lay reports are sufficient to establish service connection. The Board recognizes that the June 2018 VA examiner opined against service connection for the Veteran's left shoulder and cervical spine disabilities. However, while the Board cannot ignore or disregard the VA examiner's medical conclusions [Willis v. Derwinski, 1 Vet. App. 66 (1991)], the Board is free to assess medical evidence and is not compelled to accept a medical opinion. Wilson v. Derwinski, 2 Vet. App. 614 (1992). The examiner's negative opinions failed to consider the Veteran's lay reports and were based heavily on the lack of medical records showing continuity of care for these conditions until many years after the Veteran separated from service. However, the Veteran also explained at his Board hearing that he self-treated his shoulder and neck symptoms with pain relievers and just dealt with the pain until he finally sought post-service medical treatment in 2011 or 2012. As such, these negative opinions were not based upon all pertinent evidence, and the Board affords the opinions minimal, if any, probative weight. Accordingly, the Board finds the Veteran's competent, credible reports of his left shoulder and cervical spine disability symptoms having onset in active service to be more probative than the 2018 VA examiner's negative nexus opinions which did not address all relevant evidence. The weight of the evidence supports a finding that the Veteran's left shoulder and cervical spine symptoms onset in service and have continued since then. Service connection for a left shoulder disability and for a cervical spine disability is warranted, as they are current disabilities that onset in the Veteran's active service. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.