Citation Nr: 23014458
Decision Date: 03/09/23	Archive Date: 03/09/23

DOCKET NO. 18-44 751
DATE: March 9, 2023

ORDER

1. Entitlement to service connection for periodic limb movement disorder (claimed as restless leg syndrome) of the right leg is granted. 

2. Entitlement to service connection for periodic limb movement disorder (claimed as restless leg syndrome) of the left leg is granted. 

FINDING OF FACT

The evidence of record establishes that the Veteran has been diagnosed with periodic limb movement disorder of the bilateral legs, which had its onset during her military service.

CONCLUSION OF LAW

The criteria for entitlement to service connection for period limb movement disorder of the bilateral legs have been met. 38 U.S.C. §§ 1110, 1111, 1112; 38 C.F.R. §§ 3.303, 3.304. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1984 to March 2011. 

This appeal comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in November 2021. A transcript of the hearing has been associated with the file. 

In April 2022, the Board remanded this appeal for further development.

Entitlement to service connection for periodic limb movement disorder (claimed as restless leg syndrome) of the bilateral legs is granted. 

Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show: (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, 391 F.3d 1163, 1166-67 (Fed. Cir. 2004).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of matter, the benefit of the doubt will be given to the Veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 

Here, the Veteran contends that her periodic limb movement disorder had its onset during her military service and has persisted since separation.

The record confirms that periodic leg movements were noted during a November 2010 sleep study, prior to the Veteran's separation from service. 

In May 2022, a VA examiner characterized the Veteran's disability as bilateral restless leg syndrome that began during service. He opined that the disorder was at least as likely as not incurred in or due to the Veteran's military service. The examiner also noted reports of related symptomatology since separation from service. 

In a July 2022 and September 2022 addendum opinions, another VA examiner determined that the Veteran did not meet the diagnostic criteria for restless leg syndrome. However, she noted the in-service reports of sleep disturbances and fatigue, as well as the evidence of clinically significant periodic or isolated leg movements prior to separation.  

While it may be the case, the Veteran does not meet the specific diagnostic criteria for a restless leg syndrome diagnosis, this record shows the presence of a periodic leg movement condition, that was first documented during service.  In these circumstances, a basis to establish service connection for that disorder has been presented.  Accordingly, service connection for a periodic leg movement disorder is granted.   

 

 

MICHAEL KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Erin J. Trojanowski, 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.