Citation Nr: 22015994 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 17-44 172 DATE: March 21, 2022 ORDER Entitlement to service connection for a right wrist disability is granted. Entitlement to service connection for a right thumb disability is granted. FINDINGS OF FACT 1. The competent and credible evidence of record is at least in equipoise that the Veteran's right wrist disability is attributable to his service. 2. The competent and credible evidence of record is at least in equipoise that the Veteran's right thumb disability is attributable to his service. CONCLUSIONS OF LAW 1. The criteria for service connection for a right wrist 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 right thumb 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 served on active duty in the United States Navy from February 1977 to August 1981. These matters come before the Board of Veterans' Appeals (Board) from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. These matters were previously before the Board in March 2020. Service Connection 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. §§ 1110; 38 C.F.R. § 3.303. In order to establish entitlement to service connection, there must generally be 1) evidence of a current disability; 2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and 3) causal connection between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran is competent to report symptoms and experiences observable by his or her senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 1. Entitlement to service connection for a right wrist disability 2. Entitlement to service connection for a right thumb disability The Veteran contends that his right wrist and right thumb disabilities are due to his service. Specifically, he reported that such is due to an incident while aboard the USS Kennedy. While conducting a drill, a fellow service member fell in front of him and tried to avoid falling on him. In doing so, he grabbed the side of a wall to brace himself, felt a snap, rip and shooting pain in his wrist that swelled and was wrapped up by medical. See June 2016 VA 21-4138 Statement in Support of Claim. The evidence of record shows that the Veteran has a diagnosis of degenerative arthritis and carpal tunnel syndrome in the right wrist and degenerative arthritis of the right thumb. See April 2020 VA Examination. Thus, the first element of service connection has been established. The remaining inquiry is whether the diagnosis was due to service. See 38 C.F.R. § 3.310. Of record are two positive opinions provided by the Veteran's private physician and a VA examiner that identify the Veteran's right wrist disability as due to his service. See February 2016 Private Physician Opinion and September 2016 VA Examination. The private physician stated that he had been treating the Veteran for a long time including for a right wrist and thumb disability. The physician repeated the Veteran's report of the circumstances of the injury, that it occurred in 1980, and was consistent with partial subluxation and instability of the metacarpophalangeal joint of the right first digit. The physician concluded that based on the mechanism of the injury and long history of difficulties that the event in 1980 was the root cause. The September 2016 VA examiner noted that the injury was not documented in the Veteran's service treatment records but found that "the current right thumb, hand and wrist conditions are at least as likely as not a result of the injury described by the Veteran". The March 2020 Board remanded the claims for an additional opinion as it found the opinions of record conclusory in nature. The Veteran was afforded an additional VA examination in April 2020. The examiner found that the Veteran's thumb and wrist disabilities were less likely than not as due to service. By way of rationale, he stated that there were no records in service to document the injury and no record of complaints until February 2014, 33 years after service. The Board finds that all available evidence favors a finding that the Veteran's right wrist disability is due to service. While the April 2020 VA examiner provided a negative opinion on the Veteran's disabilities, the Board finds it is equally conclusory in nature, failed to discuss the Veteran's contentions of continuity of symptomatology or to address the two opinions that contradicted his own. The opinion of the Veteran's private physician and the first VA examination directly connects the Veteran's disabilities to his service and shows that the Veteran's history was appropriately considered. Resolving all reasonable doubt in the Veteran's favor, service connection for the Veteran's right thumb and right wrist disabilities is warranted. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kelsey Love, 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.