Citation Nr: 21068220 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 18-14 488 DATE: November 9, 2021 ORDER Service connection for numbness in the right foot as secondary to the service-connected residuals of chronic right ankle sprain status post right distal fractured fibula is granted. Service connection for numbness in the right toes as secondary to the service-connected residuals of chronic right ankle sprain status post right distal fractured fibula is granted. FINDINGS OF FACT 1. The Veteran's right foot numbness is related to his service-connected residuals of chronic right ankle sprain status post right distal fractured fibula. 2. The Veteran's right toes numbness is related to his service-connected residuals of chronic right ankle sprain status post right distal fractured fibula. CONCLUSIONS OF LAW 1. The criteria for service connection for right foot numbness as secondary to the service-connected residuals of chronic right ankle sprain status post right distal fractured fibula are met. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. 2. The criteria for service connection for numbness in the right toes as secondary to the service-connected residuals of chronic right ankle sprain status post right distal fractured fibula are met. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from June 1990 to June 1994. In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). Service Connection Numbness of the Right Foot and Right Toes The Veteran seeks service connection for numbness in his right foot and right toes that he asserts began after he underwent surgery for his service-connected right ankle disability. 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. 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). Furthermore, a layperson is competent to report on the onset and continuity of his or her current symptomatology. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). 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 disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a disability which is aggravated by a service-connected disability. In order to prevail on the issue of secondary service connection, the record must show (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability. Wallin v. West, 11 Vet. App. 509 (1998). Here, service connection for residuals of chronic right ankle sprain status post right distal fractured fibula has been granted. As such, the remaining issue is whether the numbness in the Veteran's right foot and right toes is etiologically related to his service-connected right ankle disability. At the August 2021 hearing, the Veteran testified that the numbness in his right foot and right toes onset following surgery he underwent for his service-connected right ankle disability in December 2014. He underwent a VA examination to address the etiology of his right foot and right toes numbness in January 2016. That examiner opined that the Veteran's numbness was a residual of his December 2014 right ankle surgery and that the numbness was related to the Veteran's service-connected right ankle disability. As such, the evidence confirms that a medical nexus exists between the Veteran's numbness in his right foot and right toes and his service-connected right ankle disability, and secondary service connection for these disabilities is warranted. The Board has also considered whether a direct service connection is warranted for the Veteran's right foot and right toes numbness. However, he has provided no argument linking these conditions directly to his service, and there is no other evidence of record which supports a medical nexus between his right foot and right toes numbness and any incident of service. Further, the January 2016 VA examiner opined against service connection on a direct basis, and the Veteran has not contested the examiner's conclusion. Lacking a medical nexus connecting these conditions to active service, claims for direct service connection for his right foot numbness and right toes numbness are not warranted. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.