Citation Nr: 21009949 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 11-25 961 DATE: February 23, 2021 ORDER Service connection for a cervical spine disorder, diagnosed as bony encroachment of the left C5-C6 neuroforamina and right C4-C5 and C5-C6 neuroforamina, is denied. Service connection for a left hand disorder is denied. FINDINGS OF FACT 1. The Veteran has a current disability of bony encroachment of the left C5-C6 neuroforamina and right C4-C5 and C5-C6 neuroforamina (hereinafter “cervical spine condition”). 2. The current cervical spine condition did not have its onset during service and is not otherwise related to active duty service. 3. The Veteran has a current disability of degenerative joint disease of the left hand. 4. The Veteran is not service connected for a cervical spine condition or right shoulder condition. CONCLUSIONS OF LAW 1. The criteria for service connection for the cervical spine disorder have not been met. 38 U.S.C. §§ 1110, 1154, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. 2. The criteria for service connection for a left hand disorder have not been met. 38 U.S.C. §§ 1110, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army Reserve during the Gulf War Era from January 1991 to June 1991, and from February 2004 to February 2005, with periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), including ACDUTRA from February 6, 2000 to February 27, 2000. 1. Service connection for cervical spine disorder Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. The evidence shows a current disability of bony encroachment of the left C5-C6 neuroforamina and right C4-C5 and C5-C6 neuroforamina (the “cervical spine condition”). This was the diagnosis at an October 2009 VA examination. The Veteran contends that the cervical spine condition stems from two incidents during service. The first incident occurred during training in February 2000 she fell and injured the right shoulder, which resulted in pain radiating to the neck. The second incident occurred at civilian work in May 2003 when a heavy filing cabinet fell, and the Veteran attempted to stop the cabinet from falling, resulting in neck and right shoulder pain. The Board finds that the Veteran did sustain a right shoulder injury in service during active duty for training in February 2000. This is supported by a line of duty inquiry that determined that during nighttime exercises as part of active duty for training the Veteran fell from a truck and landed on the shoulder, resulting in pain in the right shoulder. The evidence shows that the May 2003 right shoulder injury from a falling filing cabinet at civilian employment did not happen during active duty, ACDUTRA, or INACDUTRA. The Veteran has not explicitly contended that this incident was during active service, nor do the records support such a finding. During an August 2020 VA examination, the Veteran reported that this injury happened at work. The record does not show any orders placing the Veteran on active status in May 2003. The weight of the evidence, lay and medical, shows that the current cervical spine condition is not related to service, including the right shoulder injury in service during active duty for training in February 2000. Active and Reserve service treatment records do not show further treatment for a cervical spine condition incurred during active service. A post-deployment health assessment filled out by the Veteran in April 2003 shows reports or findings of no decline in health, no back pain, no muscle aches, and no numbness or tingling in the hands or feet. Self-assessments by the Veteran in March 2004 and February 2005 similarly show denial of back complaints or muscle aches or relevant symptoms. The August 2020 VA examination yielded a negative nexus opinion on the question of relationship between the cervical spine condition and service. The VA examiner reasoned that the February 2000 incident did not involve the neck, nor were there any complaints of neck pain in that period. For the reasons described above, the Board finds that a preponderance of the lay and medical evidence is against the claim for service connection for the cervical spine disorder. For these reasons, the appeal must be denied. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 2. Service connection for a left hand disorder The Veteran contends that a left hand disorder is caused by the right shoulder injuries and neck disorders. See January 2009 Veteran’s Statement. The evidence shows that the Veteran has a current disability of degenerative joint disease (arthritis) in the left hand. A VA examination performed in February 2020 diagnosed degenerative joint disease in the left hand. As service connection has been denied for a cervical spine disorder, including claimed as due to an in-service right shoulder injury, there is no service-connected disability to which the current left hand degenerative joint disease could be secondarily related. See 38 C.F.R. § 3.310(a) (when service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition). As the only contention in this case is that the left hand disorder is related to the separately claimed but not service-connected cervical spine disorder and shoulder disorder, the appeal for a left hand disorder must be denied as a matter of law. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Charles Plambeck 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.