PERIPHERAL NERVE DISORDERS
B.T. KNOPE · 2026 · Case ID: A26031531
Summary
The Veteran, a veteran who served from October 1991 to April 2001, appeals the denial of service connection for right leg neuropathy. The Veteran specifically claims this neuropathy is secondary to his already service-connected lower back disability. The Board reviewed the evidence of record, including a March 2025 private medical opinion and a March 2021 VA examination. The private opinion confirmed a current diagnosis of right leg neuropathy and opined it was secondary to the Veteran's service-connected lower back condition. The VA examiner had previously found no nexus, citing a lack of neuropathy diagnosis. The Board found both opinions probative, noting the Veteran's credible assertions and the private opinion's confirmation of the secondary relationship. Recognizing the evidence was in relative equipoise, the Board applied the benefit of the doubt doctrine, resolving the reasonable doubt in the Veteran's favor. Consequently, service connection for right leg neuropathy, as secondary to the lower back disability, was granted.
Rationale
Veteran's credible assertions supported by private medical opinion; Private opinion confirmed current diagnosis and secondary relationship; Conflicting VA exam findings created relative equipoise; Benefit of the doubt resolved in Veteran's favor
Full Decision Text
Citation Nr: A26031531 Decision Date: 04/07/26 Archive Date: 04/07/26 DOCKET NO. 210609-164929 DATE: April 7, 2026 ORDER Entitlement to service connection for right leg neuropathy, to include as secondary to his service-connected lower back disability, is granted. FINDING OF FACT Resolving all reasonable doubt in favor of the Veteran, the Board finds that the Veteran's right leg neuropathy is secondary to his service-connected lower back disability. CONCLUSION OF LAW The criteria for entitlement to service connection for right leg neuropathy, to include as secondary to service-connected lower back disability have been met. 38 U.S.C. §§ 1310, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served active duty from October 1991 to April 2001. The rating decision on appeal was issued in March 2021 by a Department of Veterans Affairs (VA) Regional Office (RO) and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In his May 2021 appeal the Veteran elected the Hearing Review docket. However, on March 18, 2025, the Veteran, through his representative, withdrew the hearing request, but requested to still present evidence. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal and received within 90 days of March 18, 2025. 38?C.F.R. § 20.301. Service Connection 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). In addition to the regulations cited above, service connection is warranted for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Any additional impairment of earning capacity resulting from an already service-connected condition, regardless of whether the additional impairment is itself a separate disease or injury caused by the service-connected condition, should also be compensated. Allen v. Brown, 7 Vet. App. 439 (1995). When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. Id. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b). 1. Entitlement to service connection for right leg neuropathy The Veteran asserts that his right leg neuropathy is related to active-duty service. Specifically, he asserts that the disorder is secondary to his service-connected lower back disability. Here, the Veteran's credible assertions of his right leg neuropathy being secondary to his service-connected lower back disability are supported by a March 2025 private opinion that confirmed a current diagnosis and opined that such diagnosis is secondary to his already service-connected lower back disability. The Board assigns this opinion probative weight as it was rendered by a qualified medical professional familiar with the record. Accordingly, the Board finds that the medical evidence finds that service connection is warranted. In arriving at this conclusion, the Board acknowledges the March 2021 VA examiner's opinion that found no nexus based upon the lack of a neuropathy diagnosis. The Board assigns this opinion probative weight as well because it too was rendered by a qualified medical professional familiar with the record. Therefore, the Board finds that this medical evidence is in relative equipoise and resolves the reasonable doubt in favor of the Veteran. Thus, resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection for right leg neuropathy, as secondary to his service-connected lower back disability, is warranted and the appeal is granted. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Billinger, Associate Counsel 2021 VA examiner's opinion that found no nexus based upon the lack of a neuropathy diagnosis. The Board assigns this opinion probative weight as well because it too was rendered by a qualified medical professional familiar with the record. Therefore, the Board finds that this medical evidence is in relative equipoise and resolves the reasonable doubt in favor of the Veteran. Thus, resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection for right leg neuropathy, as secondary to his service-connected lower back disability, is warranted and the appeal is granted. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Billinger, Associate Counsel