Citation Nr: 18156282 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 18-38 298A DATE: December 7, 2018 ORDER Entitlement to service connection for radiculopathy, bilateral lower extremities, to include as secondary to service-connected thoracolumbar spine strain is denied. FINDING OF FACT The Veteran does not currently have a diagnosis of radiculopathy, bilateral lower extremities. CONCLUSION OF LAW The criteria for entitlement to service connection for radiculopathy, bilateral lower extremities, to include as secondary to thoracolumbar spine strain, have not been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1994 to June 2016. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge when all the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be established for any disability which is proximately due to or the result of a service-connected disease or injury. See 38 C.F.R. § 3.310. To prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998). When a claimant seeks benefits and the evidence is in relative equipoise, the claimant prevails. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The preponderance of the evidence must be against the claim for benefits to be denied. See Alemany v. Brown, 9 Vet. App. 518 (1996). Entitlement to service connection for bilateral lower extremity radiculopathy The Veteran contends that he has radiculopathy, bilateral lower extremities that is related to service, to include as secondary to his service-connected thoracolumbar spine strain. The Veteran’s service treatment records (STRs) document complaints of tingling in his legs. During his November 1993 Report of Medical Examination: Enlistment exam, the Veteran’s lower extremities and neurological system were noted to be normal. In September 2013, the Veteran was seen for rehabilitation treatment (trt). He reported tingling in his leg after running. On several occasions, the Veteran noted that he was “bothered a little” by numbness or tingling in the hands or feet. During his March 2016 Report of Medical History: Separation examination, the Veteran noted numbness or tingling and arthritis in his back. From 2014, the Veteran’s private treatment records note treatment for ankylosing spondylitis. The examiner noted no tingling, numbness, or radiation of the pain to the lower extremities. In March 2016, the Veteran was afforded a VA examination to determine the nature and etiology of his peripheral nerve condition. The examiner stated that the Veteran’s sensory exams were all normal, and there were no symptoms attributable to any peripheral nerve conditions. The examiner concluded that the Veteran did not have a peripheral nerve condition or peripheral neuropathy. During his March 2016 lumbar spine VA examination, the Veteran’s straight leg testing was negative, and his sensory exam was normal. The Veteran did not have radicular pain or any other signs or symptoms due to radiculopathy. In January 2017, the Veteran was afforded a VA examination to determine the severity of his lumbar spine disability. The Veteran’s sensory exam was normal. Straight leg testing was negative, and there was no radicular pain or any other signs or symptoms due to radiculopathy. Based on the evidence of record, the Board concludes that the Veteran does not have a current radiculopathy, bilateral lower extremities diagnosis. As such, element one under Wallin and Shedden is not met. In the absence of proof of a present disability, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); see also Rabideau v. Derwinski, 2 Vet. App. 141, 143-44 (1992). Therefore, the Board finds that the weight of the evidence is against finding that the Veteran’s claimed radiculopathy, bilateral lower extremities is related to service, to include as secondary to his service-connected thoracolumbar spine strain. The Board has considered the Veteran and his representative’s statements regarding the etiology of the Veteran’s radiculopathy, bilateral lower extremities. Although lay persons are competent to provide opinions on some medical issues, see Kahana v. Shinseki, 24 Vet. App. 428, 435 (2011), as to the specific issue in this case, a nexus between the Veteran’s radiculopathy, bilateral lower extremities and service, is outside the realm of common knowledge of a lay person. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 n. 4 (Fed. Cir. 2007) (lay persons not competent to diagnose cancer). Therefore, the preponderance of the evidence is against the claim for service connection for radiculopathy, bilateral lower extremities. Because the preponderance of the evidence is against the Veteran’s appeal, the benefit-of-the-doubt doctrine is not applicable. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Henry, Associate Counsel