Citation Nr: 18160495 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 17-01 583 DATE: December 26, 2018 ORDER Entitlement to an effective date of June 30, 2012, and no earlier, for the award of service connection for post-operative right shoulder condition is granted. FINDING OF FACT 1. The Veteran sustained a shoulder injury during active duty for training (ACTDUTRA) that ended on June 29, 2018. 2. The Veteran submitted to VA records showing treatment of his right shoulder on October 1, 2012. 3. On January 25, 2013, the Veteran filed a claim for service connection for a post-operative right shoulder injury. 4. In a December 10, 2013 rating decision service connection for a post-operative right shoulder condition was established and a 20 percent rating was assigned from January 25, 2013. CONCLUSION OF LAW The criteria for entitlement to effective date of June 30, 2012 for the grant of service connection for post-operative right shoulder condition, have been met. 38 U.S.C. §§ 5101 (a), 5110; 38 C.F.R. §§ 3.151, 3.155, 3.158, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION 1. Entitlement to an effective date earlier than January 24, 2013 for the award of service connection for post-operative right shoulder condition The law provides that the effective date for an award of service connection is the day following separation from active duty, or the day entitlement arose, if the claim is filed within the year after active duty. When the claim is filed more than a year after active duty, the effective date for service connection will be the date of VA receipt of the claim, or date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a), (b)(1); 38 C.F.R. § 3.400 (b)(2). Active military, naval, or air service, as defined by VA law and regulations, includes any period of ACDUTRA during which the individual concerned was disabled from a disease or injury incurred in the line of duty. See 38 U.S.C. § 101 (21), (24)(A)(B); 38 C.F.R. § 3.6 (a). The Veteran filed a claim for service connection on January 25, 2013. He contended that his right shoulder condition was related to a fall sustained during a period of ACTUDTRA. Service connection was granted for this injury and a 20 percent rating was assigned effective January 2013, in a December 2013 rating decision. The award of service connection, which provided no discernable reason and explanation, appears to have been based on a finding that the Veteran did sustain an injury to the shoulder during a verified period of ACDUTRA. Reference to an Army Memorandum indicating that the Veteran sustained a tear of the tendon of the right shoulder during a period of ACDUTRA on June 28, 2012. Personnel records show that that period of ACDUTRA ended on June 29, 2012. As the basis of the Veteran’s service connection was an injury that occurred during a period of ACTDUTRA, that period of ACTDUTRA is elevated to active service. See 38 U.S.C. § 101 (21), (24)(A)(B); 38 C.F.R. § 3.6 (a). The Veteran filed his claim for service connection within one year of the last day of this period of active service. As such the effective date for the post-operative right shoulder condition is the day after the last day of the period of ACTDUTRA. 38 U.S.C. § 5110 (a), (b)(1); 38 C.F.R. § 3.400 (b)(2). The Board finds that the effective date for post-operative right shoulder condition is June 30, 2012. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Rekowski, Associate Counsel
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