Citation Nr: 21022540 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 12-07 789 DATE: April 16, 2021 ORDER Entitlement to service connection for a neck disability, to include on a secondary basis, is denied. FINDING OF FACT The Veteran’s neck disability was not incurred in or due to his time in service or is proximately due to any of his service-connected disabilities. CONCLUSION OF LAW The criteria for entitlement to service connection for a neck disability, to include as due to service-connected disabilities, are not met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. § 3.303, 3.310 REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Air Force from February 2004 to December 2008. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This issue was previously before the Board in May 2014, January 2018, and again in February 2020 and was remanded for further development, which has been completed. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in January 2013. A transcript of the hearing is of record. This is the only issue on appeal. The Veteran contends that his neck disability is due to active service. Alternatively, he contends that his neck disability is secondary to his service-connected disabilities. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection may also be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. The question for the Board is whether the Veteran has a current disability that was incurred in and due to his time in service or is proximately due to his service-connected disabilities. The Board concludes that, while the Veteran has a diagnosis of spondylosis, cervical degenerative disc disease, and cervical radiculopathy, the preponderance of the evidence is against finding that it began during active service, or is proximately due to or the result of, or aggravated beyond its natural progression by a service-connected disability. 38 U.S.C. §§ 1110, 1131; Allen v. Brown, 7 Vet. App. 439 (1995) (en banc); 38 C.F.R. § 3.310(a). The November 2020 VA examiner opined that the Veteran’s neck disability is not at least as likely as not related to an in-service injury, event, or disease. The rationale was that the Veteran’s medical records show a diagnosis of neck pain in July 2009, after the Veteran left service. Furthermore, the Veteran’s separation examination in December 2008 was silent for any ongoing neck complaints or treatment. The November 2020 VA examiner also opined that the Veteran’s neck disability is less likely than not proximately due to or the result of the Veteran’s service-connected conditions. Specifically, the Veteran is service connected for a shoulder disability and back disability. The examiner noted that the neck and shoulder do not share a functional relationship. The neck supports the head and allows head/neck range of motion activities and the shoulder supports shoulder weight and allows shoulder range of motion. Therefore, a condition of the shoulder would not have an adverse functional effect on the cervical spine. As for the lower back, the neck and lower back do not share a functional relationship but do share an indirect relationship with weight bearing. The neck supports the head and allows head/neck range of motion activities while the lower back supports body weight and allows trunk range of motion. Therefore, a condition of the lower back would not have an effect on the cervical spine. The Board finds the examiner’s opinion probative because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). While the Veteran is competent to report having experienced symptoms of neck pain since service, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of a neck disability. The issue is medically complex, as it requires knowledge of the interaction of the musculoskeletal system in the body. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Consequently, the Board gives more probative weight to the November 2020 VA examiner’s opinion. The Board has reviewed the Veteran’s file, including his medical records, and find that the objective evidence does not show that this condition was incurred in and due to his time in service nor is it proximately due to any of his service-connected disabilities. Therefore, the claim will be denied. In this regard, it is important for the Veteran to understand that the Board remanded this case in order to insure the duty to assist had been met. The results only provided evidence against this claim. The Board has also considered the applicability of the benefit of the doubt doctrine. Because the preponderance of the evidence is against the Veteran’s claim, the benefit of the doubt doctrine does not apply. See 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49, 55-57 (1990). John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Laura Cochran, 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.