Citation Nr: 21074948 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 15-22 780 DATE: December 16, 2021 ORDER Service connection for a cervical spine condition is denied. FINDING OF FACT The Veteran's cervical spine condition is not shown to be causally or etiologically related to any disease, injury, or incident during service or any period of active duty for training. CONCLUSION OF LAW The criteria for entitlement to service connection for a cervical spine condition have not been met. 38 U.S.C. §§ 1101, 1112, 1113, 1131, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served in the National Guard, and had active duty for training purposes (ACDUTRA) from August 1985 to December 1985. He is a Veteran based on having established service connection for compensable disability based on such service. See Donnellan v. Shinseki, 24 Vet. App. 167, 172 (2010). This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in July 2018 by a Department of Veterans Affairs (VA) Regional Office. This appeal was previously before the Board in September 2019 and May 2021, at which times it was remanded. A review of the record reflects substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matter has been returned to the Board for further appellate proceedings. Service Connection Generally, service connection may be granted for disability or injury incurred in or aggravated by active military service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. In order to establish service connection for the claimed disorder, there must be (1) 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 current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. See Baldwin v. West, 13 Vet. App. 1, 8 (1999). Service connection may be granted for an injury or disease incurred or aggravated during a period of ACDUTRA. 38 U.S.C. § 101 (24)(B); 38 C.F.R. § 3.6(a). ACDUTRA is full time duty for training purposes performed by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, 505; 38 U.S.C. § 101 (22); 38 C.F.R. § 3.6(c). Basically, this refers to the two weeks of annual training that each Reservist or National Guardsman must perform each year. It can also refer to the Reservist's or Guardsman's initial period of training. INACDUTRA includes duty, other than full-time duty, performed for training purposes by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101 (23); 38 C.F.R. § 3.6 (d). This is usually twelve four-hour weekend drills that each Reservist or National Guardsman must perform each year. These drills are deemed to be part-time training. After the evidence is assembled, it is the Board's responsibility to evaluate the entire record. See 38 U.S.C. § 7104 (a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Entitlement to service connection for a cervical spine condition The Veteran generally asserts, without explanation, that service connection is warranted for his cervical spine condition, diagnosed as osteoarthritis and manifested by pain. A review of the Veteran's service treatment records (STRs) show an August 1987 injury sick slip, noting a shoulder injury with tenderness over left upper back extending down from his posterior neck. A March 1998 examination report notes that the Veteran sustained whiplash of upper shoulder and neck from a motor vehicle accident in June 1995. However, there is no line of duty determination indicating that the Veteran injured his neck during active duty training. Post-service treatment records include a January 2015 VA treatment note which notes that Veteran's reported experiencing neck pain since an automobile accident in 1995. A November 2015 Social Security Administration report revealed that the Veteran had no cervical flexion. A July 2016 VA physical therapy note reflects that the Veteran reported having increased neck pain since a recent camping trip. In the absence of medical evidence showing that the Veteran's cervical spine condition incurred in the line of duty during ACDUTRA, and without an identified injury, disease or incident to consider, the Board must find that service connection for a cervical spine condition is unwarranted. In thus concluding, the Board acknowledges that the Veteran has not been afforded a VA examination in relation to his claim. However, based on the evidence of record, the Board finds that VA's duty to provide a medical examination and/or opinion regarding such claim is not triggered here. Specifically, there is no indication that the Veteran's cervical spine condition may be related to his military service. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). In this regard, the Board again notes that the Veteran's STRs are negative for such disorder, other than a mention of an off-duty motor vehicle accident, and he has not described any in-service injury, disease, or event that he believes led to such disorder. The United States Court of Appeal for Veterans Claims has held that VA is not required to provide a medical examination when there is not credible evidence of an event, injury, or disease in service. See Bardwell v. Shinseki, 24 Vet. App. 36 (2010). Additionally, a mere conclusory generalized lay statement that service event or illness caused the claimant's current condition is insufficient to require the Secretary to provide an examination. See Waters v. Shinseki, 601 F.3d 1274, 1278 (2010). Therefore, the Board finds that a VA examination and/or opinion is not necessary to decide the claim. The Board finds that the Veteran's cervical spine condition is not shown to be causally or etiologically related to any disease, injury, or incident during his military service. Consequently, service connection for such disorder is not warranted. In reaching its decision, the Board has considered the applicability of the benefit of the doubt doctrine. However, the preponderance of the evidence is against the Veteran's claim for service connection; thus, that doctrine is not applicable. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert, supra. The claim is denied. JEREMY J. OLSEN Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Camille NeSmith, Associate Counsel 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.