Citation Nr: 22020127
Decision Date: 04/04/22	Archive Date: 04/04/22

DOCKET NO. 18-38 507A
DATE: April 4, 2022

ORDER

Entitlement to service connection for bilateral lower extremity radiculopathy as secondary to service-connected back disability is granted.

FINDING OF FACT

The record supports that the Veteran's bilateral lower extremity radiculopathy is related to his service-connected back disability.

CONCLUSION OF LAW

The criteria for service connection on a secondary basis for bilateral lower extremity radiculopathy are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.159, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from July 2001 to June 2005.  

The matter arises from an August 2015 rating decision.  The Veteran testified before the undersigned Veterans Law Judge at a November 2021 Board Hearing.  A transcript has been associated with the record.  

Secondary Service Connection

In order to prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability. See Wallin v. West, 11 Vet. App. 509, 512 (1998); 38 C.F.R. § 3.310.

When there is an approximate balance of positive and negative evidence as to any issue material to the determination of a matter, VA will resolve reasonable doubt in favor of the claimant. 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 bilateral lower extremity radiculopathy as secondary to service-connected back disability is granted.

The Board finds that the Veteran has current diagnoses of bilateral lower extremity radiculopathy.  See e.g., January 2022 private medical opinion from Dr. M.B.S.    Therefore, the current diagnosis requirement is met.

The second element on the issue of entitlement to secondary service connection is also met, as the Veteran is service connected for a back disability.

Finally, the nexus element is met, as the Board finds that the bilateral lower extremity radiculopathy is related to the service-connected back disability.  The Board finds persuasive the January 2022 private medical opinion from Dr. M.B.S., who concluded, in part, that the Veteran's bilateral lower extremity radiculopathy is related to his service-connected back disability.

In addition, there is no adequate, negative secondary nexus opinion of record.

Hence, after resolving reasonable doubt in the Veteran's favor, the Board finds that the January 2022 private medical opinion from Dr. M.B.S. supports the finding that the Veteran's bilateral lower extremity radiculopathy is related to his service-connected back disability, at least to an evidentiary position of equipoise. Therefore, entitlement to service connection for bilateral lower extremity radiculopathy is granted.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. J. Cho, 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.