Citation Nr: 18101047 Decision Date: 04/26/18 Archive Date: 04/26/18 DOCKET NO. 11-01 484 DATE: April 26, 2018 ISSUES DECIDED: 1 ISSUES REMANDED: 0 ORDER Entitlement to separate service connection for peripheral neuropathy of the left lower extremity, as a neurologic abnormality secondary to the service-connected lumbar degenerative disc disease, is granted. FINDING OF FACT A neurologic abnormality, identified as peripheral neuropathy with left lower extremity involvement, is proximately due to the service-connected lumbar degenerative disc disease status post fusion surgery. CONCLUSION OF LAW The criteria for the establishment of entitlement to separate service connection for peripheral neuropathy of the left lower extremity, as a neurologic abnormality secondary to the service-connected lumbar degenerative disc disease status post fusion surgery, have been met. 38 U.S.C. §§ 1110, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.310(a) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1983 to November 2008. 1. Entitlement to separate service connection for a neurologic abnormality secondary to the service-connected lumbar degenerative disc disease status post fusion surgery. Service connection is warranted where the evidence of record establishes that a particular injury or disease resulting in disability was incurred in the line of duty in active military service or, if preexisting such service, was aggravated thereby. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303(a) (2017). Generally to establish entitlement to service connection, a veteran must show 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 an in-service injury or disease. All three elements must be proved. See generally Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of a service-connected disease or injury; or, any increase in severity of a nonservice-connected disease or injury which is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease or injury. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303, 3.310(a)-(b). In order to prevail on the theory of secondary service connection, there must be evidence of (1) a current disability, (2) a service-connected disability, and (3) a nexus, or link, between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the Veteran. 38 U.S.C.§ 5107 (b) (2012); 38 C.F.R. §3.102 (2017); see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). In this case, the existence of a present disability is established through the Veteran’s medical treatment records and examination reports produced during the course of his appeal. These records contain a diagnosis of a neurological abnormality, variously diagnosed as peripheral neuropathy. With regard to the Veteran’s service-connected back disability, service connection is in effect for lumbar degenerative disc disease status post fusion surgery. A review of the clinical evidence indicates that the Veteran has been diagnosed with neurological abnormalities that are currently service-connected. A July 2008 VA examination shows that the Veteran was diagnosed with right knee area numbness over the superior tibial tuberosity and right 5th toe numbness. October 2015 and August 2017 VA peripheral nerves examinations indicate that the Veteran was diagnosed with sensory loss of right lateral 5th toe, small branch or lateral dorsal cutaneous branch from right sural nerve and sensory loss around two scars in the left upper lateral thigh. The Veteran is service connected for the disabilities and the etiology of each neurological abnormality is shown to be unrelated to the Veteran’s service-connected back disability. The February 2018 private peripheral nerves conditions disabilities benefits questionnaire (DBQ) shows that the Veteran has a current diagnosis of peripheral neuropathy. The February 2018 private examiner attributed the Veteran’s peripheral neuropathy to the Veteran’s June 2004 in-service helicopter crash, spinal fusion surgery, and service-connected back disability, variously diagnosed as degenerative joint disease of the lumbar spine. The physician noted that the Veteran’s lumbar fracture, arthritis, and fusion all pertain to the Veteran’s currently diagnosed peripheral neuropathy with left lower extremity involvement.   It light of the foregoing, the Board is satisfied that the criteria for the establishment of separate service connection for peripheral neuropathy of the left lower extremity, as a neurologic abnormality secondary to the service-connected lumbar degenerative disc disease status post fusion surgery, have been met. 38 U.S.C. 1110, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a). DEBORAH W. SINGLETON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Taylor, Associate Counsel