Citation Nr: 21070481
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 14-38 389
DATE: November 24, 2021

ORDER

Service connection for left upper extremity (LUE) neuropathy, other than service-connected left carpel tunnel syndrome (CTS), is denied.

FINDING OF FACT

The preponderance of the evidence is against finding LUE neuropathy, other than service-connected left CTS.

CONCLUSION OF LAW

The criteria for service connection for LUE neuropathy, other than service-connected left CTS, are not 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 active duty from October 2002 to January 2004.

The Veteran appeared for a hearing before the undersigned Veterans Law Judge in February 2018. The hearing transcript is associated with the claims file.

The Board notes an April 2018 Board decision granted service connection for traumatic brain injury, right upper extremity neuropathy, left CTS, and bilateral lower extremity radiculopathy. It does not appear the April 2018 Board decision has been effectuated by the RO. 

Service connection for LUE neuropathy, other than service-connected left CTS, is denied. 

The Veteran contends entitlement to service connection for LUE neuropathy. The Veteran is service connected for left CTS. See April 2018 Board decision.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires 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 the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

The Board finds the Veteran does not have a current LUE neuropathy diagnosis, other than service-connected left CTS, and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).

(Continued on the next page)

 

The Board considered the Veteran's contention he has LUE neuropathy. See August 2013 NOD and February 2018 hearing testimony. The Veteran is not competent to provide a diagnosis, as that requires medical testing and expertise that is outside the realm of common knowledge of a layperson. See Kahana v. Shinseki, 24 Vet. App. 428 (2011); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). 

Accordingly, service connection for LUE neuropathy, other than service-connected left CTS, is denied.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Winkler, 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.