Citation Nr: 21064154 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 15-33 094 DATE: October 19, 2021 ORDER Service connection for cervical disc degeneration is granted. Service connection for left cervical radiculopathy is granted. FINDINGS OF FACT 1. The Veteran's cervical disc degeneration was aggravated beyond its natural progression by right scapular gunshot wound. 2. The Veteran's left cervical radiculopathy is proximately due to cervical disc degeneration. CONCLUSIONS OF LAW 1. The criteria for service connection for cervical disc degeneration as secondary to right scapular gunshot wound have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.303, 3.310. 2. The criteria for service connection for left cervical radiculopathy as secondary to cervical disc degeneration have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran has active service from June 1972 to April 1976 and from December 1977 to August 1979. This matter is on appeal from a January 2013 rating decision. The matter was previously remanded in October 2018 and May 2021. SERVICE CONNECTION Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease initially 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). Service connection may also be granted on a secondary basis for a disability if it is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). 1. Service connection for cervical disc degeneration In May 2021, the Board found that a December 2012 private medical opinion was inadequate. Upon reflection, the Board finds that this determination was incorrect, and that the conclusion of the December 2012 private medical opinion is supported by a sufficient rationale. The first element of service connection is met, in that the December 2012 private medical opinion indicates a current diagnosis of cervical disc degeneration. Regarding secondary service connection, the nexus element is met, in that the evidence is at least in equipoise. The December 2012 private medical opinion describes how the Veteran's in-service shoulder muscle injury led to weakened muscle strength over time. The opinion then explains that the Veteran has compensated for this decreased muscle strength with his neck muscles. This has resulted in "progressive neck issues including disc degeneration." In light of these correlated findings, the examiner concludes that the Veteran's neck disorder "is due to [the Veteran's] neck muscles compensating for the weakness" of the shoulder disorder. An August 2021 VA medical opinion concludes that the Veteran's neck disorder is less likely than not related to residuals of right scapula gunshot wound. The rationale is that the neck disorder "is a separate entity entirely from the [shoulder disorder] and unrelated to it." Also, "[a] thorough review of medical literature failed to demonstrate a causal relationship." These medical opinions are probative because they are based on a review of the record and contain clear conclusions with supporting data connected by a reasoned medical explanation. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 30102 (2008). There is no basis to ascribe greater probative value to one opinion over the other. As the evidence is at least in equipoise, the Veteran is entitled to a favorable finding with respect to the existence of a nexus between his neck disorder and shoulder disorder. 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 5556 (1990). As the elements are met, service connection is warranted. The Board notes that an August 2021 VA medical opinion concludes that the Veteran's neck disorder is less likely than not related to service essentially because there was no neck pathology shown in service, except for pain. However, this opinion does not weigh against service connection on a secondary basis because the evidence shows that the Veteran's cervical spine disability was caused by his service-connected right shoulder gunshot wound injury. 2. Service connection for left cervical radiculopathy The first element of service connection is met, in that an August 2021 VA medical opinion indicates a current diagnosis of left cervical radiculopathy. Regarding secondary service connection, the nexus element is met. An August 2021 VA medical opinion concludes that the Veteran's left upper extremity radiculopathy is at least as likely as not related to the Veteran's neck disorder. The rationale appears to be that the Veteran had discectomies, which are known to result in cervical radiculopathy. This medical opinion is probative because it is based on a review of the record and contains clear conclusions with supporting data connected by a reasoned medical explanation. Nieves-Rodriguez, 22 Vet. App. at 30102. This evidence supports the existence of a nexus between left upper extremity radiculopathy and cervical disc degeneration. As the elements are met, service connection for left cervical radiculopathy is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Cannon, Brian 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.