SHOULDER IMPAIRMENT OF

G. WILLIAM RIGGS · 2025 · Case ID: A25070486

GRANTED

Summary

The Veteran, who served in the United States Army from July 1987 to June 1999, including service in Turkey and Bosnia, appeals the denial of service connection for several conditions. The Veteran sought service connection for bilateral shoulder disabilities (claimed as strain/pain), lumbar spine degenerative joint disease (claimed as severe lower back problems, strain, pain), right knee degenerative joint disease (claimed as strain/pain), left lower extremity lumbosacral radiculopathy (claimed as numbness/sciatica), and prostatitis. The Board found current disabilities for all claimed conditions, supported by VA treatment records and the Veteran's credible testimony. For the bilateral shoulders, lumbar spine, and right knee, the Board relied on a private nexus opinion from August 2023, which found the conditions at least as likely as not due to service, considering the Veteran's military occupation as an infantry officer with Airborne and Air Assault qualifications. For the left lower extremity radiculopathy, the Board granted secondary service connection, finding it proximately due to the service-connected lumbar spine condition, supported by a private opinion and MRI findings. For prostatitis, the Board found an in-service diagnosis and granted service connection, finding the Veteran's testimony credible and deeming the November 2014 VA examination inadequate for failing to consider the Veteran's reports. All claims were granted.

Rationale

Current disability found; In-service complaints documented; Private nexus opinion found favorable

Service Branch

UNITED STATES ARMY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

200518-87783

Full Decision Text

Citation Nr: A25070486
Decision Date: 08/20/25 Archive Date: 08/20/25

DOCKET NO. 200518-87783
DATE: August 20, 2025

ORDER

Entitlement to service connection for degenerative joint disease of the right shoulder disability (claimed as right shoulder strain and right shoulder pain) is granted.

Entitlement to service connection for degenerative joint disease of the left shoulder disability (claimed as left shoulder strain and left shoulder pain) is granted.

Entitlement to service connection for degenerative joint disease of the lumbar spine (claimed as severe lower back problems, lumbar strain, and back pain) is granted.

Entitlement to service connection for degenerative joint disease of the right knee (claimed as right knee strain and right knee pain) is granted.

Entitlement to service connection for lumbosacral radiculopathy of the left lower extremity (also claimed as left leg numbness and sciatic condition), to include as secondary to degenerative joint disease of the lumbar spine (claimed as severe lower back problems, lumbar strain, and back pain) is granted.

Entitlement to service connection for prostatitis is granted.

FINDINGS OF FACT

1. Resolving reasonable doubt in the Veteran's favor, the Veteran's degenerative joint disease of the right shoulder began during active service.

2. Resolving reasonable doubt in the Veteran's favor, the Veteran's degenerative joint disease of the left shoulder began during active service.

3. Resolving reasonable doubt in the Veteran's favor, the Veteran's degenerative joint disease of the lumbar spine began during active service.

4. Resolving reasonable doubt in the Veteran's favor, the Veteran's degenerative joint disease of the right knee (claimed as right knee strain and right knee pain) began during active service.

5. The Veteran's lumbosacral radiculopathy of the left lower extremity (also claimed as left leg numbness and sciatic condition) is due to or aggravated by his service-connected degenerative joint disease of the lumbar spine.

6. Resolving reasonable doubt in the Veteran's favor, the Veteran's prostatitis began during active service.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for degenerative joint disease of the right shoulder (claimed as right shoulder strain and right shoulder pain) are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for entitlement to service connection for degenerative joint disease of the left shoulder (claimed as left shoulder strain and left shoulder pain) are 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 degenerative joint disease of the lumbar spine (claimed as severe lower back problems, lumbar strain, and back pain) 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 degenerative joint disease of the right knee (claimed as right knee strain and right knee pain) have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

5. The criteria for entitlement to service connection for lumbosacral radiculopathy of the left lower extremity (also claimed as left leg numbness and sciatic condition) have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

6. The criteria for entitlement to service connection for prostatitis have been 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 Army as a Cadet at the United States Military Academy at West Point from July 1, 1987 until his graduation on June 1, 1991. See May 2019 Third Party Correspondence. The Veteran continued to serve on active duty in the United States Army, without a break in service, from June 1991 until his honorable discharge in June 1999, with service in Turkey from September 1996 to February
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 Army as a Cadet at the United States Military Academy at West Point from July 1, 1987 until his graduation on June 1, 1991. See May 2019 Third Party Correspondence. The Veteran continued to serve on active duty in the United States Army, without a break in service, from June 1991 until his honorable discharge in June 1999, with service in Turkey from September 1996 to February 1997 and service in Bosnia from July 1997 to October 1997. See June 1999 DD Form 214 (Certificate of Release or Discharge from Active Duty).

The Board notes that service as a cadet at the United States Air Force Academy, United States Military Academy, United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, is active duty. 38 U.S.C. § 101(21)(D).

A rating decision was issued under the legacy system in February 2015. See February 2015 Rating Decision. In February 2016, the Veteran timely filed a VA Form 21-0958 (Notice of Disagreement) and appealed the February 2015 rating decision. See February 2016 VA Form 21-0958 (Notice of Disagreement). In July 2017, the AOJ issued a Statement of the Case affirming the February 2015 rating decision. See July 2017 Statement of the Case. In August 2017, the Veteran timely perfected his appeal to the Board. See August 2017 VA Form 9 (Appeal to Board of Veterans' Appeals). In July 2018, the Veteran opted into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a Rapid Appeals Modernization Program (RAMP) election form and selecting the Higher-Level Review lane. See July 2018 RAMP Opt-In Election. The agency of original jurisdiction (AOJ) issued a RAMP Higher-Level Review rating decision in September 2019, which is the decision on appeal. See September 2019 Higher-Level Review Rating Decision; see also May 2020 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)).

In the May 18, 2020 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)), the Veteran elected the Hearing docket. See May 2020 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)), Part II. A Board hearing was held on June 4, 2024 with the undersigned Veterans Law Judge.

Therefore, the Board may only consider the evidence of record at the time of the July 2018 RAMP opt-in, as well as any evidence submitted by the Veteran [or his representative] at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after VA received the RAMP opt-in and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a VA Form 20-0995 (Decision Review Request: Supplemental Claim) 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

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service - the so-called "nexus" requirement. Hol
previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

Service Connection

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service - the so-called "nexus" requirement. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may be granted for any disease initially diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d).

In addition, service connection for certain chronic diseases, including arthritis, may be established on a presumptive basis by showing that the condition manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C. §§ 1101, 1112, 1113, 1131, 1137; 38 C.F.R. §§ 3.307, 3.309(a); Fountain v. McDonald, 27 Vet. App. 258, 271-72 (2015). Although the disease need not be diagnosed within the presumptive period, it must be shown, by acceptable lay or medical evidence, that there were characteristic manifestations of the disease to the required degree during that time. 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307, 3.309(a).

Additionally, for certain chronic diseases with potential onset during service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. If chronicity in service is not established, a showing of continuity of symptoms after discharge may support the claim. 38 C.F.R. §§ 3.303(b), 3.309; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013).

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a).

As noted above, service as a cadet at the United States Air Force Academy, United States Military Academy, United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, is considered active duty. 38 U.S.C. § 101(21)(D).

To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a).

Service connection may also be established on a secondary basis for a disability which is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a disorder which is aggravated by a service-connected disability; compensation may be provided for the degree of the disability (but only that degree) over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b) (2017); Allen v. Brown, 8 Vet. App. 374 (1995).

Recently, in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023), the Federal Circuit Court of Appeals held 38 U.S.C. § 1110 employs only "but-for" causation in direct and secondary service connection claims. Therefore, a service-connected disability need only be a contributing cause, not the contributing cause, to establish secondary service connection.

1
compensation may be provided for the degree of the disability (but only that degree) over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b) (2017); Allen v. Brown, 8 Vet. App. 374 (1995).

1. Entitlement to service connection for degenerative joint disease of the right shoulder disability (claimed as right shoulder strain and right shoulder pain) is granted.

2. Entitlement to service connection for degenerative joint disease of the left shoulder disability (claimed as left shoulder strain and left shoulder pain) is granted.

Due to the similar dispositions for the above claims on appeal, the Board will address them in a common discussion below.

The Veteran asserts that he is entitled to service connection for bilateral shoulder disabilities due to an injury that occurred while he was a cadet at the United States Military Academy at West Point. See January 2014 VA Form 21-526 (Veteran's Application for Compensation and/or Pension).

First, the Board finds that there is a current disability. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). The Veteran has not been afforded a VA examination for his bilateral shoulder disabilities. However, the Veteran's VA treatment records reflect a diagnosis of degenerative joint disease of the bilateral shoulders. Furthermore, the Veteran credibly reports pain. Therefore, the Board finds that there is a current disability.

Second, the Board finds that there was an in-service event, injury or disease. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). During the Veteran's active duty service (as a cadet at the United States Military Academy at West Point), the Veteran's service treatment records reflect complaints of bilateral shoulder issues. See Service Treatment Records.

Third, the Board finds that the evidence of record does support a finding that the Veteran's bilateral shoulder disabilities are related to active service. The Veteran credibly testified that his bilateral shoulder disabilities began during active duty and has continued since that time. Furthermore, the Veteran provided a private nexus opinion in June 2024 (authored in August 2023) that found that based upon the Veteran's military occupation, that he was an infantry officer with Airborne and Air Assault qualifications, and the consistency of the Veteran's assertions, the Veteran's bilateral shoulder disabilities (claimed as pain) are at least as likely as not due to his active service. Accordingly, entitlement to service connection for degenerative joint disease of the bilateral shoulders is granted.

3. Entitlement to service connection for degenerative joint disease of the lumbar spine (claimed as severe lower back problems, lumbar strain, and back pain) is granted.

The Veteran asserts that his back disability began during service and has existed since that time and/or it is related to an in-service an in-service injury.

First, the Board finds that there is a current disability. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). The Veteran has not been afforded a VA examination for his back disability. However, the Veteran's VA treatment records reflect a diagnosis of degenerative joint disease of the spine. Furthermore, the Veteran credibly reports pain. Therefore, the Board finds that there is a current disability.

Second, the Board finds that there was an in-service event, injury or disease. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). The Veteran's service treatment records reflect report(s) of recurrent back pain.

Third, the Board finds that the evidence of record does support a finding that the Veteran's back disabilities are related to active service. The Veteran credibly testified that his back disabilities began during active duty and has continued since that time. Furthermore, the Veteran provided a private nexus opinion in June 2024 (authored in August 2023) that found that based upon the Veteran's military occupation, that he was an infantry officer with Airborne and Air Assault qualifications, and the consistency of the Veteran's assertions, the Veteran's back disabilities (claimed as pain) are at least as likely as not due to his active service. Accordingly, entitlement to service connection for deg
's service treatment records reflect report(s) of recurrent back pain.

4. Entitlement to service connection for degenerative joint disease of the right knee (claimed as right knee strain and right knee pain) is granted.

The Veteran asserts that his right knee disability began during service and has existed since that time.

First, the Board finds that there is a current disability. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). The Veteran has not been afforded a VA examination for his right knee disability. However, the Veteran's VA treatment records reflect a diagnosis of degenerative joint disease of the knee. Furthermore, the Veteran credibly reports pain. Therefore, the Board finds that there is a current disability.

Third, the Board finds that the evidence of record does support a finding that the Veteran's back disabilities are related to active service. The Veteran credibly asserts that his right knee disabilities began during active duty and has continued since that time. Furthermore, the Veteran provided a private nexus opinion in June 2024 (authored in August 2023) that found that based upon the Veteran's military occupation, that he was an infantry officer with Airborne and Air Assault qualifications, and the consistency of the Veteran's assertions, the Veteran's back disabilities (claimed as pain) are at least as likely as not due to his active service. Accordingly, entitlement to service connection for degenerative joint disease of the right knee is granted.

5. Entitlement to service connection for lumbosacral radiculopathy of the left lower extremity (also claimed as left leg numbness and sciatic condition) is granted.

The Veteran asserts that his left leg numbness began during service and has existed since that time and/or it is related to his back disability.

First, the Board finds that there is evidence of a current disability. See Wallin, 11 Vet. App. 509, 512 (1998); see also Allen, supra. The Veteran is diagnosed with lumbosacral radiculopathy. See November 2014 VA Examination; see also August 2023 private medical opinion.

Second, the Board finds that there is evidence of a service-connected disability. See Wallin, 11 Vet. App. 509, 512 (1998); see also Allen, supra. As noted above, the Veteran is now service connected for degenerative joint disease of the lumbar spine.

Third, affording the Veteran the benefit of the doubt, the Board finds that there is medical nexus evidence establishing a connection between the Veteran's service-connected disability and the current disability. The August 2023 private opinion notes that the Veteran's MRI findings demonstrate that his current lumbar condition is likely the direct cause of his chronic lower extremity radicular symptoms. Accordingly, entitlement to service connection on a secondary basis for lumbosacral radiculopathy of the left lower extremity (also claimed as left leg numbness and sciatic condition) is granted.

6. Entitlement to service connection for prostatitis is granted.

The Veteran asserts that his prostatitis began during active duty and has continued since that time. See January 2014 VA Form 21-526 (Veteran's Application for Compensation and/or Pension).

First, the Board finds that there is a current disability. See Holton, 557 F.3d at 1366; 38 C.F.R. § 3.303(d). The Veteran was afforded a VA examination in November 2014. The November 2014 VA examiner diagnosed the Veteran with prostatitis, noting that the Veteran reported episodic problems since May 1996. See November 2014 VA Examination.

Second, the Board finds that
connection for prostatitis is granted.

The Veteran asserts that his prostatitis began during active duty and has continued since that time. See January 2014 VA Form 21-526 (Veteran's Application for Compensation and/or Pension).

Third, the Board finds that the evidence of record does support a finding that the Veteran's prostatitis is related to active service. Specifically, that it began during active duty and it has continued since that time because the Board finds that the Veteran's testimony is credible. The Board notes that the November 2014 VA examiner relies on the absence of treatment records without consideration of the Veteran's reports and assigns them no probative weight. Dalton v. Nicholson, 21 Vet. App. 23 (2007). Therefore the November 2014 VA examination medical opinion is inadequate. Accordingly, affording the Veteran the benefit of the doubt, entitlement to service connection for prostatitis is granted.

G. William Riggs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board G. Deemer, 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.

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