Citation Nr: 18149152 Decision Date: 11/08/18 Archive Date: 11/08/18 DOCKET NO. 16-44 719 DATE: November 8, 2018 ORDER Service connection for left upper extremity radiculopathy, claimed as secondary to service-connected lumbar spine degenerative disc disease is denied. Service connection for right upper extremity radiculopathy, claimed as secondary to service-connected lumbar spine degenerative disc disease is denied. FINDINGS OF FACT 1. The evidence of record is against a finding that the Veteran has left upper extremity radiculopathy related to his service-connected lumbar spine degenerative disc disease. 2. The evidence of record is against a finding that the Veteran has right upper extremity radiculopathy related to his service-connected lumbar spine degenerative disc disease. CONCLUSIONS OF LAW 1. The criteria for service connection for left upper extremity radiculopathy secondary to service-connected lumbar spine degenerative disc disease have not been met. 38 U.S.C. §§1110, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.310(a) (2017). 2. The criteria for service connection for right upper extremity radiculopathy secondary to service-connected lumbar spine degenerative disc disease have not been met. 38 U.S.C. §§1110, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.310(a) (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1982 to July 2004. Initially, the Board notes that additional VA and private treatment records were uploaded to the Veteran’s electronic file subsequent to the issuance of the August 2016 statement of the case. While the Veteran has not waived agency of original jurisdiction (AOJ) consideration of such records, the Board finds that such records are not relevant to the Veteran’s service connection claims on appeal insofar as they do not show the presence of an upper extremity radiculopathy disability. Therefore, there is no prejudice to the Veteran in the Board proceeding with a decision at this time. Service Connection In his initial claim, the Veteran indicated that he believed his bilateral upper extremity radiculopathy was secondary to his service-connected lumbar spine degenerative disc disease. See February 2014 Correspondence. In his August 2015 Notice of Disagreement, the Veteran stated that his upper extremity radiculopathy was secondary to either his service-connected back disability, or to his nonservice-connected neck or shoulder disabilities. The Board has therefore characterized his claim for service connection for bilateral upper extremity radiculopathy on a secondary basis only. Service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). To prevail on a claim for secondary service connection, the record must show (1) current disability, (2) a service-connected disability, and (3) medical nexus evidence establishing a connection between the current and the service-connected disability. Wallin v. West, 11 Vet. App. 509, 512 (1998). The evidence is against a finding that the Veteran has a bilateral upper extremity radiculopathy related to his service-connected back disability. The January 2016 VA examiner evaluated the Veteran in connection with his lumbar spine disability and the Veteran specifically noted that he felt pain that ran from his lower back into his feet. The Veteran did not assert experiencing upper extremity radicular symptoms. The VA examiner noted radiculopathy in the lower extremities only, and specifically wrote that there were no other signs or symptoms of radiculopathy. Crucially, when asked whether the Veteran had any other neurologic abnormalities or findings related to the thoracolumbar spine, the examiner specifically answered, “no.” VA has already awarded service connection for radiculopathy of both lower extremities as secondary to the Veteran’s lumbar spine disability. Despite receiving VA and private treatment for his low back and accompanying lower extremity radiculopathy, there is no mention in any of those treatment records that the Veteran has upper extremity radiculopathy related to the back. See August 2013 treatment record and accompanying August 2013 electrodiagnostic testing results (showing treatment for left lumbar radiculopathy and a diagnosis of lumbar radiculopathy); October 2014 private treatment record (showing complaints of and treatment for lower extremity radiculopathy pain); September 2016 private treatment record (showing a chief complaint of low back and left leg pain, without any mention of upper radicular pain). While the Veteran believes that he has upper extremity radiculopathy, and that such is related to his service-connected lumbar spine degenerative disc disease, he is not competent to provide a diagnosis or an association. The issues are medically complex, as they require the interpretation of complicated medical testing. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). Consequently, the Board affords more probative weight to the VA examination reports and other medical evidence of record which do not show the presence of upper extremity radiculopathy caused or aggravated by his service-connected back disability. Insofar as the Veteran argues he has right and left upper extremity pain related to shoulder or neck disabilities, the Veteran is not currently in receipt of service connection for any disability of the shoulder or neck. Accordingly, the preponderance of the evidence weighs against the claims for service connection for left and right upper extremity radiculopathy on a secondary basis. As the preponderance of the evidence is against the claims, the benefit of the doubt doctrine is not for application, and the claims must be denied. 38 U.S.C. §5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Polly Johnson, Associate Counsel