TARSAL TUNNEL SYNDROME

Summary

The Veteran, a Veteran who served from August 1989 to August 1992, appeals the denial of service connection for bilateral shin splints. The Veteran asserts that his current bilateral shin splints began during service and have persisted. The Board reviewed the evidence, including the Veteran's lay statements and service treatment records. The service treatment records indicated normal shins upon entry into service but documented various complaints and treatments for shin splints during service, including a notation of leg cramps at separation. The Board found the Veteran competent to report the onset and persistence of his symptoms. The Board determined that the evidence was at least evenly balanced regarding the in-service onset of the bilateral shin splints, creating reasonable doubt. Applying the benefit of the doubt doctrine, the Board found service connection warranted. The decision granted service connection for bilateral shin splints.

Rationale

Current diagnosis of chronic bilateral shin splints; Service treatment records show complaints and treatment during service; Evidence at least evenly balanced regarding in-service onset; Reasonable doubt resolved in Veteran's favor

Full Decision Text

Citation Nr: A26032450
Decision Date: 04/08/26	Archive Date: 04/08/26

DOCKET NO. 250513-546026
DATE: April 8, 2026

ORDER

Service connection for bilateral shin splints is granted.

FINDING OF FACT

The evidence is at least evenly balanced as to whether the Veteran's bilateral shin splints disability had its onset in active service.

CONCLUSION OF LAW

With reasonable doubt resolved in favor of the Veteran, the criteria for service connection for bilateral shin splints are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1989 to August 1992.  The Board recognizes the Veteran's service to our country, and the sacrifices it necessarily entailed.

This case is before the Board of Veterans' Appeals (Board) on appeal from a March 2025 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that rating decision, the RO denied service connection for bilateral shin splints.  

In a May 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.  

Therefore, the Board may only consider the evidence of record at the time of the March 2025 agency of original jurisdiction (AOJ) decision.  

Bilateral Shin Splints

The Veteran asserts his current bilateral shin splints began during service and has continued to the present.  See Fully Developed Claim, January 26, 2025.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.  See Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).  Consistent with this framework, service connection is warranted for a disease first diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. §3.303(d).

Lay assertions may serve to support a claim for service connection by establishing the occurrence of observable events or the presence of disability or symptoms of disability subject to lay observation.  38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall resolve all reasonable doubt in favor of the claimant.  38 U.S.C. § 5107(b).  Reasonable doubt means one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. 38 C.F.R. § 3.102.  If the positive and negative evidence is in approximate balance (which includes but is not limited to equipoise), the claimant receives the benefit of the doubt.  Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

According to treatment records, the Veteran has a current diagnosis of chronic bilateral shin splints.  See CAPRI, March 13, 2025. 

The Veteran service treatment records show normal shins upon entry into active duty in May 1989.  See STR-Medical, received August 8, 2014.  Service treatment records reflect various complaints related to shin splints to include November 1989, January 1990, and February 1990.  Id.  Notably, at the time of separation in May 1992 the Veteran checked the box for "cramps in your legs" on his reported medical history.  Id.

The Veteran is competent to report the onset and persistent nature of his bilateral shin splints symptoms.  See Barr v. Nicholson, 21 Vet. App. 303 (2007) (lay testimony is competent to establish the presence of observable symptomatology that is not medical in nature); Charles v. Principi,16 Vet. App. 370, 
 August 8, 2014.  Service treatment records reflect various complaints related to shin splints to include November 1989, January 1990, and February 1990.  Id.  Notably, at the time of separation in May 1992 the Veteran checked the box for "cramps in your legs" on his reported medical history.  Id.

The Veteran is competent to report the onset and persistent nature of his bilateral shin splints symptoms.  See Barr v. Nicholson, 21 Vet. App. 303 (2007) (lay testimony is competent to establish the presence of observable symptomatology that is not medical in nature); Charles v. Principi,16 Vet. App. 370, 374-75 (2002) (holding that particularly with respect to claims for tinnitus, a veteran is competent to present evidence of a diagnosis and continuous symptoms).

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Service treatment records show evidence of shin splints treated several times during active duty.  The Board affords great weight to the Veteran's contemporaneous service treatment records and credible statements.    

Accordingly, the most probative medical evidence of record suggests that the Veteran has a current bilateral shin splints disability that began during service.  The evidence is therefore at least evenly balanced as to whether the Veteran's bilateral shin splints disability had its onset in service.  As the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran, entitlement to service connection for bilateral shin splints is warranted.  38 U.S.C. §5107(b); 38 C.F.R. §§3.102, 3.303(d); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

 

 

RAY BARTO SLABBEKORN, JR.

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ardalan, Nina

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.