BVA9502011 DOCKET NO. 93-08 985 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for a right shoulder disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Constance C. Hickey, Associate Counsel INTRODUCTION The veteran had active service from February 1975 to January 1978. This appeal to the Board of Veterans' Appeals (Board) arises from the June 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas, which denied service connection for a right shoulder disorder. CONTENTIONS OF APPELLANT ON APPEAL It is contended by and on behalf of the veteran that he is entitled to service connection for a right shoulder disorder. The veteran asserts that he sustained a right shoulder fracture during active service, and that he now has severe pain in the shoulder which has required steroid injections. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims folder. Based on our review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of evidence is against service connection for a right shoulder disorder. FINDINGS OF FACT 1. Service medical records are negative for complaints or treatment of fracture or bursitis of the right shoulder. 2. The veteran sustained a bruised right clavicle during active service which was an acute and transitory injury. 3. The veteran's current right shoulder disorder began in 1989, and is unrelated to the in-service injury. CONCLUSION OF LAW A right shoulder disorder was not incurred in active service. 38 U.S.C.A. §§ 1110, 1131, 5107(b) (West 1991); 38 C.F.R. §§ 3.102, 3.303 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION At the outset, the Board finds that the veteran has met his burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that his claim is well-grounded; that is, the claim is plausible. Additionally, there is no indication that there are unobtained records which are available and which would aid a decision in this case. Accordingly, we conclude that the record is complete and that there is no further duty to assist the veteran in developing the claim, as mandated by 38 U.S.C.A. § 5107(a). Factual Background The veteran's service medical records reflect normal strength and range of motion in his upper extremities at the time of his enlistment examination. Clinical records for June 1976 indicate that the veteran was treated for painful right collar bone, reportedly the result of being kicked in a fight. The service examiner noted tenderness and slight swelling over the mid-right clavicle. The veteran reportedly could lift his right arm without pain. Bruised right clavicle was the diagnosis noted. The remainder of the service medical records, including the report of his separation examination, reflects no abnormal clinical findings or complaint concerning the veteran's upper extremities. A chest X-ray in December 1977 was interpreted as normal. No evidence of a prior right clavicular fracture was noted. Private medical records for April and May 1990 reveal that the veteran was seen for a complaint of right shoulder strain. He was reportedly seen again on four occasions from June through August 1990 for a right shoulder disorder, then characterized as bursitis. In June 1990 he reported that he had had problems with his shoulder for the past two or three months. A note dated August 1980 indicates that the veteran's right shoulder pain was improved after an injection. December 1990 records note that the veteran complained of right shoulder pain brought on by heavy work. Shoulder strain was noted by the examiner. On March 1992 VA compensation examination the veteran reported that during service, in approximately 1977, he sustained a hairline fracture of the right shoulder, which was allegedly confirmed by X-ray. He stated that he had required no specific treatment or followup. The veteran reported he had right shoulder pain which began in approximately 1989 and was initially relieved with oral steroids and nonsteroidal antiinflammatory drugs. He reportedly told the examiner that significant pain had recurred approximately one year prior to his VA examination requiring treatment with steroid injection and nonsteroidal anti-inflammatory drugs. Physical examination of the right shoulder disclosed no visible or palpable abnormalities or evidence of atrophy. External shoulder rotation was noted to be possible to 90 degrees and internal rotation 80 degrees. Right shoulder flexion was reportedly accomplished to 180 degrees. The examiner noted that the veteran could abduct his shoulder to 160 degrees, with increased discomfort on forced abduction. The veteran's pain was reportedly in the dorsum of the shoulder, beneath the deltoid, in the area of the acromion. VA X-rays obtained in March 1992 indicated a normal right shoulder. The VA examiner's diagnostic impression was of a history consistent with subdeltoid bursitis of the right shoulder, managed with nonsteroidal anti- inflammatory drugs. Entitlement to Service Connection for a Right Shoulder Disorder Service connection connotes many factors, but basically it means that the facts, as shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. 38 U.S.C.A. §§ 1110, 1131. Such a determination requires a finding of current disability which is related to an injury or disease incurred in service. Watson v. Brown, 4 Vet.App. 309, 310 (1993); Rabideau v. Derwinski, 2 Vet.App. 141, 143 (1992). Each disabling condition as shown by a veteran's service records, or for which he seeks service connection, must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. 38 U.S.C.A. § 1154. Additionally, regulations provide that service connection may be granted for any disease 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). On review of the record the Board notes that the veteran's service medical records contain no reference to treatment, X-rays, or diagnosis of right shoulder fracture or right shoulder bursitis. Chest X-ray on separation from service was interpreted as normal. Moreover, recent VA X-rays obtained in March 1992 disclose no evidence of a healed fracture. The report of the veteran's separation examination discloses no abnormality or complaint concerning either upper extremity, a clear indication that the right clavicle injury which the veteran sustained during service was acute and transitory, resulting in no residual disability to the veteran's right shoulder. The veteran has admitted that he required no specific treatment or followup. The record reveals no complaints related to the veteran's right shoulder for more than ten years following his separation from service. As the veteran acknowledged to the VA examiner and to his private physician, his current symptoms, diagnosed as bursitis, were first manifested in approximately 1989. Private medical records provided by the veteran indicate that when his current disorder was initially treated in April 1990, and during subsequent treatment in December 1990, the examiner attributed the veteran's symptoms to shoulder strain. The record of his most recent treatment notes that the veteran associated his shoulder pain with performing heavy work. The Board finds that a preponderance of the evidence indicates the veteran's right shoulder disorder is of recent onset and most plausibly related to shoulder strain in 1990. Inasmuch as the record contains no objective medical evidence to relate his symptoms to events during service, the Board finds no basis to support a finding that the veteran's disorder was incurred during service. In determining whether a claimed benefit is warranted, VA must determine whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C.A. § 5107(a); Gilbert v. Derwinski, 1 Vet.App. 49 (1990). In this case, the preponderance of the evidence is against the veteran’s claim for service connection for a right shoulder disorder. Accordingly, 38 U.S.C.A. § 5107(a) is not for application in this instance. Therefore the Board finds that service connection is not established for a right shoulder disorder. ORDER Service connection for the veteran's right shoulder disorder is denied. N. R. ROBIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. (CONTINUED ON NEXT PAGE) NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.