Back to BVA DecisionsGRANTEDSpecial Benefit NO SPECIAL BENEFIT Docket No. 200825-105429
SHOULDER IMPAIRMENT OF
JIMMY L. BARDIN · 2026 · Case ID: A26019534
Summary
The Veteran served from December 1979 to November 1982. He appeals the denial of service connection for a left shoulder disorder, a low back disorder, and bilateral leg numbness, claiming the leg numbness is secondary to his low back condition. The Veteran provided testimony detailing an in-service injury to his back while cleaning a tank, which he states resulted in a diagnosed disc injury and required bed rest. He also reported a left shoulder injury during service where it popped out of its socket, requiring a sling for two weeks. Symptoms for all conditions have persisted since service, with bilateral leg numbness beginning a few years post-service. While service treatment records did not document these specific injuries or treatments, the Veteran's lay statements and testimony were considered competent and credible by the Board, particularly regarding the inciting events and continuity of symptoms. The Board found the February 2020 VA examinations inadequate for the shoulder and back claims, as they did not adequately consider the Veteran's lay evidence and relied on a lack of service treatment records. However, the VA examiner's opinion linking bilateral leg numbness to the low back disorder was found adequate. Given the competent and credible lay evidence, the absence of contrary medical evidence, and the adequacy of the nexus opinion for the leg numbness, the Board found the evidence in approximate balance (equipoise) for all three conditions. Consequently, service connection for the left shoulder disorder, low back disorder, and bilateral leg numbness was granted.
Rationale
Competent and credible lay statements regarding in-service injury and continuity of symptoms.; Inadequate VA examination due to failure to consider lay evidence.; Evidence in approximate balance (equipoise) favoring the Veteran.
Full Decision Text
Citation Nr: A26019534 Decision Date: 03/04/26 Archive Date: 03/04/26 DOCKET NO. 200825-105429 DATE: March 4, 2026 ORDER Entitlement to service connection for a left shoulder disorder is granted. Entitlement to service connection for a low back disorder is granted. Entitlement to service connection for bilateral leg numbness, to include as secondary to another disability, is granted. FINDING OF FACT 1. The Veteran's left shoulder disorder, low back disorder and bilateral leg numbness, are as likely as not related to his active-duty service. CONCLUSIONS OF LAW 2. The criteria for entitlement to service connection for a left shoulder disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for entitlement to service connection for a low back disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for entitlement to service connection for bilateral leg numbness, to include as secondary to another disability, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active-duty service from December 1979 to November 1982. In the August 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing Submission docket. Therefore, the Board may only consider the evidence of record at the time of the August 2020 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran [or representative] with, or within 90 days from the date of their hearing 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the RO issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. The Veteran provided testimony at a Board hearing in May 2024 before the undersigned. A transcript of hearing is of record. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Service Connection The law provides that service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.304. Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Generally, establishing service connection requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999). 1. Entitlement to service connection for a left shoulder disorder 2. Entitlement to service connection for a low back disorder 3. Entitlement to service connection for bilateral leg numbness, to include as secondary to another disability The Veteran seeks service connection for a left shoulder disorder, a low back disorder, and bilateral leg numbness, to include as secondary to a low back disorder. After a review of the evidence of record, the Board concludes that the claims should be granted. As an initial matter, the Board notes that the Veteran has diagnoses for all claimed disorders. , 1316 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999). 1. Entitlement to service connection for a left shoulder disorder 2. Entitlement to service connection for a low back disorder 3. Entitlement to service connection for bilateral leg numbness, to include as secondary to another disability The Veteran seeks service connection for a left shoulder disorder, a low back disorder, and bilateral leg numbness, to include as secondary to a low back disorder. After a review of the evidence of record, the Board concludes that the claims should be granted. As an initial matter, the Board notes that the Veteran has diagnoses for all claimed disorders. The Veteran testified that during service he fell while cleaning a tank and was treated for an injured back. He states that he was told he had injured a disc in his back and was put on bed rest for four days. He also reported that during service he suffered another injury to his left shoulder in which it popped out of its socket and that his arm was in a sling for two weeks thereafter. The Veteran reports that his symptoms persisted since service and that his bilateral leg numbness began a few years following his separation from service. There are no service treatment records which document the Veteran's reported treatment. However, he has submitted statements and provided testimony attesting to pain in his back and left shoulder during and since service, as well as the treatment he received at the time of his injuries. In fact, the Veteran reported that due to these symptoms he could not remain in the military. The Board notes that evidence of treatment for a disorder in service, or documented complaints by the Veteran to a physician are not necessary to satisfy the requirements for service connection. Post-service, the first instances of documented treatment for the claimed disorders comes several decades after separation. For his part, the Veteran asserts that his symptoms have persisted since service. As to the Veteran's lay statements in this regard, the Board notes he is competent to report matters which he personally observed or experienced, as well as what has been related to him by medical professionals. See Layno v. Brown, 6 Vet. App. 465, 469-70 (1994); Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). Thus, the Board considers them to be both competent and credible. VA examinations were provided in February 2020. For the Veteran's low back and left shoulder, the examiner opined that the disorders are less likely than not related to service due to a lack of symptoms or diagnoses documented in service treatment records. This is an inadequate basis for such findings and the examiner did not adequately consider the Veteran's lay statements. As such, the Board finds these examinations and opinions to be inadequate and lacking probative weight. For the Veteran's bilateral leg numbness, it was opined that this was secondary to the low back disorder. The Veteran has provided a competent and credible account of his back, shoulder, and leg numbness symptomatology. See Jandreau. He reports generally consistent manifestations of those symptoms, including solely for the purpose of seeking medical care and treatment for his claimed disabilities. Additionally, his recitations of the inciting injuries is detailed and consistent with his claimed disorders. These factors together make the Veteran's account of symptomatology competent, credible and highly probative. See Buchanan v. Nicholson, 451 F.3d 1331, 1336-37 (Fed. Cir. 2006); see also Waters v. Shinseki, 601 F.3d 1274, 1278 (Fed. Cir. 2010) (VA must consider lay evidence and give it the weight it concludes is appropriate). Additionally, while the February 2020 examinations have been found to be inadequate as far as the low back and left shoulder disorders are concerned, the linking of bilateral leg numbness to the low back is not. As the Veteran's low back disorder will be granted service connection, secondary service connection of bilateral leg numbness via the low back is established. The Board has found the Veteran's statements about his chronic symptoms to be both competent and credible. There is no adequate medical evidence to the contrary. Therefore, the Board concludes that the positive and negative evidence stand in at least approximate balance (equipoise) and service connection for a low back disorder, a left shoulder disorder, and bilateral leg numbness are warranted. The Veteran's claims are granted. JIMMY L. BARDIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Hernan, Quincy 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 the low back is established. The Board has found the Veteran's statements about his chronic symptoms to be both competent and credible. There is no adequate medical evidence to the contrary. Therefore, the Board concludes that the positive and negative evidence stand in at least approximate balance (equipoise) and service connection for a low back disorder, a left shoulder disorder, and bilateral leg numbness are warranted. The Veteran's claims are granted. JIMMY L. BARDIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Hernan, Quincy 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.