Citation Nr: 22014544
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 15-12 823
DATE: March 14, 2022

ORDER

Service connection for a right elbow condition is granted.

Service connection for a left elbow condition is granted.

FINDINGS OF FACT

1. The evidence is at least evenly balanced for and against (in "relative equipoise") finding that the Veteran's currently-diagnosed right elbow osteoarthritis is at least as likely as not the result of injuries and symptoms of pain the Veteran first sustained while serving on active duty; those observable symptoms experienced by the Veteran during service have continued from active duty until present day, thus establishing a causal connection between the in-service injury and his current disability; the Board assigns significant probative weight to the Veteran's competent and credible statements and testimony that his observable symptoms of pain and muscle aches have persisted since his military service (see January 2022 Appellate Brief); less probative weight is assigned to the January 2019 and October 2021 negative VA opinions because the examiners disregarded the Veteran's reports (of pain during service and persistent symptoms since service) without providing a rationale and thus their opinions are based on an inaccurate factual premise.

2. The evidence is at least evenly balanced for and against (in "relative equipoise") finding that the Veteran's currently-diagnosed left elbow osteoarthritis is at least as likely as not the result of injuries and symptoms of pain the Veteran first sustained while serving on active duty; those observable symptoms experienced by the Veteran during service have continued from active duty until present day, thus establishing a causal connection between the in-service injury and his current disability; the Board assigns significant probative weight to the Veteran's competent and credible statements and testimony that his observable symptoms of pain and muscle aches have persisted since his military service (see January 2022 Appellate Brief); less probative weight is assigned to the January 2019 and October 2021 negative VA opinions because the examiners disregarded the Veteran's reports (of pain during service and persistent symptoms since service) without providing a rationale and thus their opinions are based on an inaccurate factual premise.

CONCLUSIONS OF LAW

1. The criteria have been met for service connection for a right elbow condition. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309 (2021).

2. The criteria have been met for service connection for a left elbow condition. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1982 to June 1986, November 1990 to May 1991, and October 2004 to January 2008. These matters are before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). 

In May 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record. 

In October 2018 and August 2021, the Board remanded the Veteran's claims further development.

For the reasons outlined in more detail above in the Findings of Fact section, the appeals for service connection for right and left elbow conditions are granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Williams, 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.