Citation Nr: 21000051 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 18-15 262 DATE: January 4, 2021 ORDER Entitlement to service connection for a right leg disability, other than the service-connected right lower extremity radiculopathy of the sciatic and femoral nerves, is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a right leg disability (other than the already service-connected right lower extremity radiculopathy of the sciatic and femoral nerves) at any time during, or approximate to, the pendency of this claim. CONCLUSION OF LAW The criteria for service connection for a right leg disability, other than the already service-connected right lower extremity radiculopathy of the sciatic and femoral nerves, have not been met. 38 U.S.C. § 1110, 1131, 5107; 38 C.F.R. § 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1979 to June 1980, from October 1980 to October 1984, and from March 2002 to February 2003. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). In May 2019, the Veteran appeared at a hearing and testified before the undersigned Veterans Law Judge. A transcript of that hearing is associated with the claims file. This matter was most recently before the Board of Veterans Appeals (Board) in December 2019, when, in pertinent part, the Board granted service connection for a lower back disability and remanded the issue of entitlement to service connection for a right leg disability for further development. Then, in a rating decision dated later in December 2019, the agency of original jurisdiction (AOJ) granted service connection for right lower extremity radiculopathy of the sciatic nerve secondary to his service-connected lower back disability and for right lower extremity radiculopathy of the femoral nerve. Service connection for a right leg disability, other than right lower extremity radiculopathy of the sciatic and femoral nerves Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303(a). Service connection requires competent evidence showing: (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. Shedden v. Principi, 381 F.3d 1163 (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). The Veteran seeks service connection for a right leg disability. As noted above, during the current appeal, service connection was granted for right lower extremity sciatic and femoral radiculopathy. Thus, the question remaining before the Board is whether the Veteran has a current right leg disability (other than the already service-connected right lower extremity radiculopathy of his sciatic and femoral nerves) that is associated with his active service. In this regard, the Board notes that there is no evidence in the record reflecting a diagnosis of a right leg disability, other than the service-connected right lower extremity radiculopathy of the sciatic and femoral nerves. The Veteran has not provided VA with any private treatment records to support his claim, and his VA treatment records show no evidence of an additional right leg disability. Indeed, in March 2020, the Veteran was afforded a VA examination to evaluate his right leg disability. During the examination, he reported experiencing daily radiating pain, intermittent numbness, and weakness in his right leg. The examiner explained that these symptoms are due to the Veteran’s right lower extremity radiculopathy. The examiner further explained that a diagnosis of an additional right leg disability was not indicated. Lay persons may be competent to provide opinions on some medical issues. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). However, a diagnosis of a leg disability is a complex medical determination that requires specialized medical education outside the realm of common knowledge of a lay person. Id. The Board finds the March 2020 VA examination is the most probative evidence of record. Congress has limited entitlement to service connection for disease or injury to cases where such incidents have resulted in a disability. 38 U.S.C. § 1110. In the absence of proof of present disability, there can be no valid claim. Gilpin v. West, 155 F.3d 1353 (Fed. Cir. 1998); Brammer v. Derwinski, 3 Vet. App. 223 (1992). In the current appeal, the preponderance of the evidence of record is against finding that the Veteran has had a right leg disability (other than his already service-connected right leg radiculopathy of the sciatic and femoral nerves) at any time during, or approximate to, the pendency of this claim. As the preponderance of the (CONTINUED ON NEXT PAGE) evidence is against this claim, it must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Benson, 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.