Citation Nr: 21027774 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 16-59 039 DATE: May 6, 2021 ORDER Entitlement to service connection for a right-hand disability (claimed as right-hand tremors) is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a separately diagnosed right-hand disability at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for entitlement to service connection for right-hand tremors have not been met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1993 to August 1995. In May 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. The claim was most recently before the Board in November 2020 when it was remanded for further development. There has been substantial compliance with the remand and the Board will proceed with adjudication. Stegall v. West, 11 Vet. App. 268 (1998). The Veteran contends that she has a right hand disability that is separate from her already service-connected right upper extremity radiculopathy. The Board concludes that the Veteran does not currently have a separately diagnosed right-hand disability time during the pendency of the claim or recent to the filing of the claim. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); 38 C.F.R. § 3.303(a), (d). The Veteran's service treatment records (STRs), to include entrance and separation examinations, are silent for any complaints, treatment or diagnosis for any disabilities pertaining to her right hand. The claim was remanded to specifically determine whether the Veteran had a right hand disability that is separate from her service-connected right upper extremity radiculopathy and if so, whether there is a nexus to service or a service-connected disability. Pursuant to the Board remand, the Veteran was given a VA examination for her right hand in January 2021. After giving a detailed review of the complete record, the examiner concluded that the Veteran does not have a separately diagnosed right hand condition, claimed as tremors and hand pain. The examiner also concluded that it was at least as likely as not that the Veteran's right hand complaints are a symptom of her service-connected right upper extremity radiculopathy. Further, because the Veteran does not have a separately diagnosed right hand disability, the examiner gave negative opinions on direct and secondary service connection. The opinion is 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 (2008). Although lay persons are competent to provide opinions on some medical issues, the diagnosis and etiology of right-hand tremors is outside the realm of common knowledge of a lay person because it involves complex medical issues that go beyond a simple and immediately observable cause-and-effect relationship. See Kahana v. Shinseki, 24 Vet. App. 428 (2011); Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). The first prong of a service connection claim is a current disability; however, there is no current disability. As the preponderance of the evidence is against the Veteran's claims, the benefit-of-the-doubt rule does not apply, and the claims must be denied. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.E. Bresler, 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.