Shoulder Condition VA Claim Grants

Findings of Fact (verbatim from decision)

1. The probative evidence of record is at least in approximate balance as to whether the Veteran's right shoulder disorder onset in-service. 2. The probative evidence of record is at least in approximate balance as to whether the Veteran's OSA is secondary to his service-connected disabilities. 3. The probative evidence of record is at least in approximate balance as to whether the Veteran's kidney disorder is secondary to his service-connected disabilities.

Reasons & Bases (verbatim excerpts from decision)

1. Entitlement to service connection for right shoulder disorder For the following reasons, entitlement to service connection for right shoulder disorder is warranted. […] The November 2025 and February 2025 VA examiners did not fully address the Veteran's contention of right shoulder pain from military job duties and exercise training; in lieu of considering the Veteran's credible accounts and endorsements of on-going severe right shoulder pain, the provider relied on a lack of in-service treatment and lack of chronicity of care in finding that no nexus was established. These examination reports are inadequate because they do not answer the question of whether the claimed right shoulder disorder is related to service. To the extent that the examination reports imply that the disability is due to another cause rather than service, this etiological conclusion (without consideration of the lay evidence or inclusion of a rating) is inadequate. Buchanan, 451 F. 3d at 1336, n. 1 (the VA's clinician's opinion, which relied on the absence of contemporaneous medical evidence, "failed to consider whether the lay statements presented sufficient evidence of the etiology of [the veteran's] disability such that his claim for service connection could be proven without contemporaneous medical evidence").

Findings of Fact (verbatim from decision)

1. There is an approximate balance of positive and negative evidence indicating that residuals of a skin disorder on the right shoulder were incurred in service. 2. There is an approximate balance of positive and negative evidence indicating that gout is secondary to service-connected disability.

Reasons & Bases (verbatim excerpts from decision)

Among his claims in February 2014 were service connection claims for gout and a skin disorder on the right shoulder. In the rating decision on appeal the RO denied the claims. Between August 2020 and October 2025, the Board remanded these claims several times, seeking adequate medical commentary regarding whether the disorders were incurred in service. […] Right Shoulder Skin Disorder […] Based on the evidence, a service connection finding is warranted for residuals of a skin disorder on the right shoulder. See 38 C.F.R. § 3.303. The Board has previously found credible the Veteran's report of having a right shoulder skin growth during service in 1969. A right shoulder skin lipoma was noted in September 2001 as a current problem and a right shoulder skin lipoma is noted in a January 2022 VA examination report. Further, a December 2025 VA examiner found credible the Veteran's report of having a skin problem on his right shoulder. The examiner stated that examination did not identify a lipoma on his skin, and that the Veteran was not competent to diagnose himself with a lipoma. The examiner found the Veteran's report of the problem credible, however. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (laypersons are competent to describe observable matters).

Findings of Fact (verbatim from decision)

1. Affording the Veteran the benefit of the doubt, the symptoms of her chronic lumbar spine disability onset in service and have continued since. 2. Affording the Veteran the benefit of the doubt, the symptoms of her chronic cervical spine disability onset in service and have continued since. 3. Affording the Veteran the benefit of the doubt, the symptoms of her chronic bilateral shoulder disability onset in service and have continued since.

Reasons & Bases (verbatim excerpts from decision)

Lumbar spine, cervical spine, and bilateral shoulder disabilities […] As previously discussed, all medical nexus opinions of record obtained from VA examiners through the appeal period contain inadequacies which have not been remedied by attempts to remand for adequate opinions. Accordingly, the Board affords minimal, if any, probative value to any VA examiners' nexus opinions which contradict the Veteran's assertions that her chronic lumbar spine, cervical spine, and bilateral shoulder disability symptoms onset in service. In light of the above, the evidence is at least in equipoise as to whether these disabilities are etiologically related to service. Affording the Veteran the benefit of the doubt, the weight of the evidence supports a finding that the Veteran's lumbar spine, cervical spine, and bilateral shoulder disability symptoms onset in service and have continued since then. Accordingly, service connection for lumbar spine, cervical spine, and bilateral shoulder disabilities is warranted, as they are current chronic disabilities that onset in active service.

Findings of Fact (verbatim from decision)

Resolving reasonable doubt in the Veteran's favor, his right shoulder impingement syndrome developed due to his military service.

Findings of Fact (verbatim from decision)

1. The competent and credible evidence of record persuasively establishes a finding that the lumbar spine disability is related to active-duty service. 2. The competent and credible evidence of record persuasively establishes a finding that the left shoulder disability is related to the service-connected left knee. 3. The competent and credible evidence of record persuasively establishes a finding that the generalized arthritis is related to active-duty service.

Reasons & Bases (verbatim excerpts from decision)

Third, the Board finds that the evidence of record does support a finding that the lumbar spine disability, left shoulder disability, and generalized arthritis are related to active service. […] VA examiners in July 2020, March 2024, and May 2024 opined that as the STRs were silent for any left shoulder complaints, then it was less likely than not that the current left shoulder disability was caused or aggravated by the service-connected knees. […] The Board affords low probative value to each of these opinions. The earlier examiners appear to not understand the concept of secondary service connection, which does not require a direct in-service incident, or injury. The Veteran has asserted that his service-connected left knee caused him to fall, which caused him to injure his shoulder. This satisfies the second element of service connection. The March 2025 examiner did not address this theory of entitlement at all. Generally, a medical opinion should address the appropriate theories of entitlement. Stefl v. Nicholson, 21 Vet. App. 120, 123-24 (2007). As with the lumbar disability, rather than remanding yet again, the Board will afford the Veteran the benefit of the doubt and assign greater probative value to his lay statements. […] A March 2025 examiner provided a negative nexus opinion in which they simply duplicated their left shoulder opinion.