Citation Nr: 22017000 Decision Date: 03/23/22 Archive Date: 03/23/22 DOCKET NO. 18-50 803 DATE: March 23, 2022 ORDER Service connection for right shoulder osteoarthritis is granted. FINDING OF FACT The competent and probative evidence supports a finding that the Veteran's right shoulder osteoarthritis originated during active service and has continued since service, including symptoms of lingering pain. CONCLUSION OF LAW The criteria for service connection for right shoulder acromioclavicular joint osteoarthritis are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had military service in the United States Army, from May to July 1984 and from January to April 1990. This appeal comes before the Board of Veterans' Appeals (Board) from an April 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office. In March 2022, the Veteran testified at a hearing before the undersigned Acting Veterans Law Judge. This decision is being made under the "one-touch" program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. The Veteran seeks service connection for a right shoulder disability. He contends that he sustained a right shoulder injury during his initial period of military service, and that he has had lingering pain since that time. 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, 1131; 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 has a diagnosis of right shoulder acromioclavicular joint osteoarthritis. Regarding Shedden element number two, evidence of in-service injury or disease, the Veteran's service treatment records (STRs) reflect that in May 1984, he experienced right shoulder pain. The Veteran reported that his right shoulder gave out and that he heard a "pop" while holding on to a pole and branch on an obstacle course. An x-ray of the right shoulder revealed no significant abnormality. The assessment of the examining clinician was contusion of the right shoulder. A June 1984 report reflects that the Veteran reported right shoulder pain that had been present for two (2) weeks. As the Veteran sustained a right shoulder contusion in May 1984, the Board finds that the criteria for Shedden element number two (2), evidence of an in-service injury, has been met. Thus, the question that remains is whether the Veteran's current right shoulder disability is related to the in-service contusion. There is one VA opinion that addresses this question and it is against the claim. In March 2018, after a review of the record, to include the Veteran's STRs, and physical examination of his right shoulder, the examiner opined that it was less likely than not (less than 50 percent probability) that the Veteran's right shoulder condition was incurred in or caused by an event, injury or illness during service. The examiner noted the Veteran's in-service right shoulder injury and right shoulder strain. The examiner reasoned that the right shoulder strain was caused by a forceful or rapid movement which overstretched muscles and tendons. The examiner further related that ligament tears had been documented due to the [in-service] strain but that the strain had resolved without permanent residuals. The examiner concluded that the right shoulder strain did not cause the currently diagnosed right shoulder joint arthritis, and that it was a separate condition. See March 2018 VA examination report. The Board finds the VA examiner's opinion to be inadequate because the examiner did not consider the Veteran's lay testimony regarding onset of symptoms and continuous symptoms of having had right shoulder pain since service. Thus, with his lay statements of having had lingering pain since service that are corroborated by his STRs, including the documented right shoulder contusion in May 1984, service connection is warranted for right shoulder acromioclavicular joint osteoarthritis and the claim is granted. 38 C.F.R. §§ 3.303, 3.309. S. Sorathia Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Carole Kammel, 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.