Citation Nr: 21030017
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-43 245
DATE: May 17, 2021

ORDER

Entitlement to service connection for a right lower extremity nerve condition is granted.

FINDING OF FACT

It is at least as likely as not that the Veteran's right lower extremity nerve condition is caused by his right testicle orchiodynia.

CONCLUSION OF LAW

The criteria for entitlement to service connection for a right lower extremity nerve condition have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1116, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.310 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1966 to October 1968.  He received the National Defense Service Medal; Good Conduct Medal; Sharpshooter Badge (M-14); Vietnam Campaign Medal; and, Vietnam Service Medal with one overseas bar.

Service Connection for a Right Lower Extremity Nerve Condition

Secondary service connection may be granted for a disability which is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310(a).  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. See Wallin v. West, 11 Vet. App. 509, 512 (1998).

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The evidence demonstrates that the Veteran has a current disability.  Specifically, the Veteran has submitted evidence of chronic right leg nerve pain which causes some functional impairment. See July 2016 CAPRI, pp. 76, 97; August 2016 Private Treatment Records, p. 1; August 2016 Third Party Correspondence, p. 1.  The U.S. Court of Appeals for the Federal Circuit has held that pain, in the absence of a presently diagnosed condition, can cause functional impairment and can therefore constitute a disability for VA purposes. Saunders v. Wilkie, 886 F.3d 1356 (2018).  Accordingly, the Board finds that the first element of service connection is established. See Wallin, 11 Vet. App. at 512.  The Veteran is service connected for right testicle orchiodynia resulting from an in-service groin injury; thus, the second element of secondary service connection is also established. See id.  

Regarding nexus, the evidence is at least in equipoise.  The Veteran maintains that he has experienced his right leg nerve pain since his in-service injury, and his treatment records show that that the Veteran's right leg nerve pain is related to his in-service injury and residual right testicular symptoms. See July 2016 CAPRI, pp. 76, 97; May 2012 VA Treatment Records, p. 1.  As there is no opinion to the contrary, the Board finds that the evidence regarding nexus is at least in equipoise.  When the evidence for and against a claim is in relative equipoise, the Board has an obligation to resolve all reasonable doubt in favor of the Veteran. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49 (1990).  In resolving all reasonable doubt in the Veteran's favor, the Board finds that the third element of secondary service connection is established. See Wallin, 11 Vet. App. at 512.  Thus, service connection for right lower extremity nerve pain is warranted.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W.V. Walker, 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.