Citation Nr: 22018654
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-20 001
DATE: March 30, 2022

ORDER

The claim for service connection for a right foot disability, other than right lower extremity radiculopathy, is denied.

The claim for service connection for a right leg disability, other than right lower extremity radiculopathy, is denied.

FINDINGS OF FACT

1. The evidence of record persuasively weighs against finding that the Veteran has had a right foot disability, other than right lower extremity radiculopathy, at any time during or approximate to the pendency of the claim.

2. The evidence of record persuasively weighs against finding that the Veteran has had a right leg disability, other than right lower extremity radiculopathy, at any time during or approximate to the pendency of the claim.

CONCLUSIONS OF LAW

1. The criteria for service connection for a right foot disability, other than right lower extremity radiculopathy, are not met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for service connection for a right leg disability, other than right lower extremity radiculopathy, are not met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from December 1980 to August 1992 and from August 2002 to May 2003.

The claim was remanded by the Board in August and November 2021 for additional development and has been returned now following substantial compliance with the remand orders. 

Service Connection

1. Entitlement to service connection for a right foot disability, other than right lower extremity radiculopathy

2. Entitlement to service connection for a right leg disability, other than right lower extremity radiculopathy

The Veteran filed a claim for a right foot and right leg disability related to his lumbar spine disability. While right lower extremity radiculopathy was diagnosed and service connected, it was unclear whether a separate right foot or right leg disability was claimed or present during the claim. Upon remand, a January 2022 VA examiner examined the Veteran and reviewed the claims file and found that there is no medical or lay evidence of a right foot and/or right leg disability other than service-connected right lower extremity radiculopathy. The Veteran denied any additional disabilities of the right foot or leg according to the examination report and the examiner did not find any additional disability upon examination.  

Indeed, review of the evidence of record does not demonstrate a separate disability of the right foot or leg that is not already being compensated for with VA benefits.  

The Board concludes that the Veteran does not have a current diagnosis of a right foot or right leg disability 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).

As such, the Board concludes that the evidence weighs against the claims, and they are denied.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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.