Citation Nr: 18147106
Decision Date: 11/05/18	Archive Date: 11/02/18

DOCKET NO. 11-08 183
DATE:	November 5, 2018
ORDER
Entitlement to service connection for a neurological disability of right lower extremity, to include neuropathy and/or radiculopathy is denied.
Entitlement to service connection for a neurological disability of left lower extremity, to include neuropathy and/or radiculopathy is denied.
FINDINGS OF FACT
1. The Veteran does not have a neurological disability of right lower extremity, to include neuropathy and/or radiculopathy.
2. The Veteran does not have a neurological disability of left lower extremity, to include neuropathy and/or radiculopathy.
CONCLUSIONS OF LAW
1. The criteria for service connection for a neurological disability of right lower extremity, to include neuropathy and/or radiculopathy have not been met.  38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. § 3.303 (2017).
2. The criteria for service connection for a neurological disability of left lower extremity, to include neuropathy and/or radiculopathy have not been met.  38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. § 3.303 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty in the United States Army from September 1980 to December 1980 and February 2003 to February 2004.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).   
In June 2017, the Board remanded the claims of entitlement of service connection for a neurological disability of the right and left lower extremity, to include neuropathy and/or radiculopathy, along with the claims of entitlement to service connection for left knee and right knee disabilities for additional development.
An April 2018 rating decision granted service connection for osteoarthritis of the left knee and right knee (claimed as bilateral knee condition) with and evaluation of 10 percent, effective August 5, 2009.   
Service Connection
Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a).  “To establish a right to compensation for a present disability, a Veteran must show: ‘(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service’- the so-called ‘nexus’ requirement.”  Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (citing Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). 
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).
1. Entitlement to service connection for a neurological disability of right lower extremity and left lower extremity, to include neuropathy and/or radiculopathy.
Service connection is not warranted for a neurological disability of the right lower extremity and left lower extremity, to include neuropathy and/or radiculopathy as the evidence shows the Veteran does not presently suffer from these disabilities.  The September 2017 VA examiner opined that the Veteran had an unremarkable neurological physical examination and did not diagnose peripheral neuropathy or radiculopathy.  He further opined that neither condition was seen to be diagnosed in the available medical records (STRs, VBMS, and CPRs).  The VA examiner concluded that while the Veteran has subjective complaints of numbness in his feet, no objective findings of a neuropathy or radiculopathy have been found or diagnosed.  Without a diagnosis for any period on appeal, the Board finds that entitlement to service connection is not warranted for a neurological disability of right lower extremity and left lower extremity, to include neuropathy and/or radiculopathy.  The claims are denied.
 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jacquelynn M. Jordan, Associate Counsel