Citation Nr: 21064689 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 17-47 649 DATE: October 21, 2021 ORDER Entitlement to service connection for peripheral neuropathy of the left upper extremity is denied. Entitlement to service connection for peripheral neuropathy of the right upper extremity is denied. FINDINGS OF FACT 1. The preponderance of the evidence does not establish that the Veteran has peripheral neuropathy of the left upper extremity. 2. The preponderance of the evidence does not establish that the Veteran has peripheral neuropathy of the right upper extremity. CONCLUSIONS OF LAW 1. The criteria for service connection for peripheral neuropathy of the left upper extremity have not been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for peripheral neuropathy of the right upper extremity have not been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from December 1982 to December 2002. This matter initially came before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision issued by the Agency of Original Jurisdiction (AOJ). The matter was previously before the Board in April 2019. The appeal was remanded for a VA opinion as to the nature and etiology of the claimed conditions. A nexus opinion was associated with the file in January 2020. The Board finds that the January 2020 opinion is adequate. Thus, the Board determines that there has been substantial compliance with the April 2019 remand directives, and further remand is not required. See Stegall v. West, 11 Vet. App. 268 (1998). Service Connection Service connection may be granted where a disability is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Establishing service-connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. See Allen v. Brown, 7 Vet. App. 439, 48 (1995) (en banc). When all the evidence is assembled, the Board is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 1. Entitlement to service connection for peripheral neuropathy of the left upper extremity 2. Entitlement to service connection for peripheral neuropathy of the right upper extremity In November 2015, the Veteran filed a claim for peripheral neuropathy of the bilateral upper extremities which he asserted was related to his service-connected low back disabilities. At the January 2020 VA examination, the Veteran clarified that he was not claiming peripheral neuropathy of the bilateral upper extremities but was seeking service connection for peripheral neuropathy of the bilateral lower extremities. The Board notes that the Veteran has been service connected for radiculopathy of the bilateral lower extremities since August 2012. Nevertheless, the Veteran has not withdrawn his claim for service connection for peripheral neuropathy of the bilateral upper extremities. Review of the record does not indicate a diagnosis or recurrent symptoms of peripheral neuropathy of the upper extremities. For purposes of establishing service connection, a "current disability" includes a disability which existed at the time a claim for VA disability compensation is filed or during the pendency of the claim, even if that disability is currently in remission or has completely resolved. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). When the record contains evidence of a disability prior to a Veteran filing a claim for that disability, the evidence of disability is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency. See Romanowsky v. Shinseki, 26 Vet. App. 289, 293-94 (2013) (considering the application of McClain on a diagnosis predating the filing of a claim). The Court in Romanowsky added that a determination that a diagnosis is "sufficiently proximate to the filing of a claim so as to constitute evidence of a 'current diagnosis' is a factual finding to be made by the Board in the first instance." Id. at 294 n.3. The Board acknowledges that an October 2009 private treatment record indicates the Veteran had "developed numbness of his fingertips as well as numbness of his toes bilaterally along with a pins and needles feeling in his feet." The Veteran was diagnosed with neuropathy secondary to chemotherapy, and vincristine was removed from his treatment. A subsequent treatment note indicates that, "by the time of discharge, [the Veteran] reported that his symptoms of diplopia as well as peripheral neuropathy were improving." October 2012 treatment records indicate the Veteran's chemotherapy ended in October 2009, and he had been in remission since December 2009. The medical record does not contain any other reports of or treatment for peripheral neuropathy of the bilateral upper extremities during the six-year period prior to the filing of the Veteran's claim. During the pendency of the claim, the Veteran was afforded a VA examination. The February 2016 examiner found no evidence of peripheral neuropathy of the upper extremities. Moreover, the Veteran does not report any continued symptoms. As noted, the Veteran clarified he is seeking service connection for the lower extremities. Therefore, the Board finds that a current disability of the upper extremities did not exist at the time the claim was filed or during its pendency. Lacking a current diagnosis for peripheral neuropathy of the bilateral upper extremities, the Veteran does not meet the cornerstone element of service connection. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). As such, an assessment of the remaining elements is not necessary, and service connection for peripheral neuropathy of the bilateral upper extremities is not warranted. Thus, the claim of entitlement to service connection is denied because there is no current disability. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Sherman 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.