BVA9503328 DOCKET NO. 91-38 874 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for hearing loss, generalized arthritis, diabetes, hypertension, a fungal disorder, and inguinal hernia. 2. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a back disorder. 3. Entitlement to a compensable evaluation for malaria. 4. Entitlement to a compensable evaluation for residuals of removal of a right ureteral calculus. WITNESSES AT HEARING ON APPEAL The veteran and his wife ATTORNEY FOR THE BOARD J.P. Reep, Associate Counsel INTRODUCTION The veteran served on active duty from May 1940 to May 1945. This matter came before the Board of Veterans' Appeals (the Board) on appeal from January and March 1990 rating decisions of the Albuquerque, New Mexico Regional Office (RO) of the Department of Veterans Affairs (VA), which, among other actions, denied service connection for hearing loss, arthritis, diabetes, residuals of a kidney injury, right inguinal hernia, hypertension, and a fungal disorder of the feet. The RO also granted an increased rating of 30 percent for the veteran's service connected post-traumatic stress disorder (PTSD), but denied compensable ratings for residuals of right ureteral calculus removal and malaria. The veteran and his wife testified before a travel panel of the Board, sitting at Houston, Texas, in July 1991. The case was received at the Board in August 1991. In July 1992 the Board remanded the case to the Houston, Texas RO for further development regarding service connection for a back disorder. The Board also directed the RO to consider the veteran's claims regarding loss of teeth, a left hip disorder, and pes planus, in accord with decisions of the U.S. Court of Veterans Appeals. By a November 1992 rating decision, the RO denied service connection for loss of teeth. After a February 1993 rating decision denied service connection for pes planus, a left hip disorder, and a back disorder, the case was returned to the Board. The Board notes that the RO has complied with the Board's instruction to adjudicate the additional claims, referred to above, which were raised by the veteran during the course of this appeal. He has not appealed any of the RO's adverse determinations regarding these claims. Therefore, we find that there is no issue on appeal regarding loss of teeth, a left hip disorder, or pes planus. In March 1994 the Board again remanded this case for development regarding an increased rating for PTSD. By rating decision dated in August 1994, the RO assigned a total (100 percent) rating for PTSD, effective from September 1988. No future examination was scheduled, and the veteran was found to have basic eligibility for dependents' educational assistance under Chapter 35, Title 38, United States Code. The case was returned to the Board in September 1994 for disposition of the remaining issues. The veteran is representing himself in this appeal. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for hearing loss, which he maintains was caused by inservice exposure to heavy artillery. The veteran contends that he is entitled to service connection for arthritis and a back disorder, which he maintains are due to his sleeping on the ground during service, or possibly the result of a bomb blast at Vella Lavella. The veteran also contends that he is entitled to service connection for an inguinal hernia, which he maintains is secondary to his service-connected residuals of removal of a right ureteral calculus. The veteran also maintains that he is entitled to service connection for diabetes, hypertension, and a fungal disorder. The veteran further maintains that the following claimed disabilities are secondary to his service-connected PTSD: hearing loss, arthritis, back disorder, diabetes, and hypertension. The veteran argues that he is entitled to a compensable evaluation for malaria, as he has experienced recurrent symptoms: shakes, cold sweats and weakness. He also argues that he is entitled to a compensable evaluation for residuals of removal of a right ureteral calculus. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran has not submitted evidence sufficient to justify a belief by a fair and impartial individual that his claims regarding service connection for diabetes and hypertension are well grounded and, accordingly, that his appeal regarding those issues is dismissed. Further, it is the decision of the Board that new and material evidence to reopen the claim for service connection for a back disorder has not been received. It is also the decision of the Board that the preponderance of the evidence is against the claims for service connection for arthritis, a fungal disorder, and an inguinal hernia; and against compensable ratings for malaria and for residuals of removal of a right ureteral stone. However, the evidence supports a grant of service connection for bilateral hearing loss. FINDINGS OF FACT 1. The record contains no documentation of inservice diabetes or hypertension. The record contains no supporting evidence linking the veteran's current diabetes and hypertension to active service, whether as secondary to a service-connected disability or otherwise. 2. A May 1945 rating decision denied service connection for a back disorder, and the veteran was notified of that decision and of his appellate rights by a May 1945 letter. 3. An application for review on appeal was not received within the subsequent one year period. 4. The pertinent evidence added to the record subsequent to the May 1945 rating decision consists of copies of service medical records, a September 1988 statement of the veteran, copies of VA records dated in September and October 1989, and the testimony of the veteran and his wife at his July 1991 personal hearing. 5. The copies of the service medical records are duplicates; the September 1988 statement of the veteran is redundant; the remaining additional evidence is not probative of the question of whether the veteran has a chronic disorder of the back that is attributable to service. 6. The evidence does not demonstrate arthritis that is attributable to service or causally related to any service- connected disorder. 7. Bilateral hearing loss was shown in service. 8. The evidence does not demonstrate a fungal disorder of service origin. 9. The evidence does not show an inguinal hernia that is either attributable to service or causally related to his service- connected residuals of removal, right ureteral calculus. 10. The veteran has had no recurrence of malaria since service, and the record does not show evidence of moderate disability due to an old attack. 11. The veteran has had no recurrence of right ureteral calculi since service. The evidence does not demonstrate any current manifestations of residuals of removal of a right ureteral calculus. 12. Neither the veteran's malaria nor his residuals of removal of right ureteral calculus require frequent periods of inpatient hospital care, result in marked interference with employment or otherwise present an exceptional or unusual disability picture. CONCLUSIONS OF LAW 1. The VA has no further duty to assist the veteran. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1993). 2. The appellant has not submitted a well grounded claim for service connection for diabetes and hypertension. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1131, 5107 (West 1991); 38 C.F.R. § 3.303, 3.307, 3.309, 3.310 (1993). 3. The May 1945 rating decision denying service connection for a back disorder is final. Veterans Regulation No. 2(a), pt. II, par. III; VA Regulation 1008; effective Jan. 25, 1936 to December 31, 1957. 4. New and material evidence has not been submitted to reopen the claim of entitlement to service connection for a back disorder. 38 U.S.C.A. §§ 1110, 1131, 5107, 5108 (West 1991); 38 C.F.R. §§ 3.156(a), 3.303 (1993). 5. Arthritis was not incurred in or aggravated by military service, nor may it be presumed to have been incurred therein, nor is it proximately due to or the result of a service-connected disability. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.307, 3.309, 3.310 (1993). 6. Bilateral hearing loss was incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991). 7. A chronic fungal disorder was not incurred in or aggravated by military service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. § 3.303 (1993). 8. An inguinal hernia was not incurred in or aggravated by military service, or proximately due to or the result of a service-connected disability. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.310 (1993). 9. The applicable criteria for a compensable disability rating for malaria have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. § 3.321(b), Part 4, Code 6304 (1993). 10. The applicable criteria for a compensable disability rating for residuals of removal of a right ureteral calculus have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. § 3.321(b), Part 4, Codes 7509, 7510 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS For reasons discussed below, the Board finds that the veteran's claims regarding service connection for diabetes and hypertension are not well grounded. Otherwise, the Board finds that the veteran's remaining claims are well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, we find that he has presented claims which are not implausible. The Board notes that the claims folder is devoid of any medical evidence dated from the time of discharge, in 1945, to 1989. On the report of the veteran's September 1989 VA examination, and at his July 1991 hearing, the veteran indicated that he had not received medical attention from the time of discharge from service until May 1989. There do not appear to be available any other records which would be of assistance in adjudicating his claim. The Board is thus satisfied that all relevant facts have been properly developed, and that no further assistance to the veteran is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a) (West 1991) and 38 C.F.R. §§ 3.103(a) and 3.159 (1993). The veteran was previously denied service connection for a back disorder by a May 1945 rating decision. He was promptly notified of that determination and did not appeal it. Thus, it became final. Veterans Regulation No. 2(a), pt. II, par. III; VA Regulation 1008; effective Jan. 25, 1936 to December 31, 1957. The issue now before the Board is whether new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a back disorder. 38 U.S.C.A. § 5108 (West 1991); 38 C.F.R. § 3.156(a) (1993). The veteran has also appealed the denial of service connection for hearing loss, arthritis, a fungal disorder, and inguinal hernia, and increased ratings for malaria and residuals of removal of a right ureteral calculus. Service connection may be established for a disability incurred in or aggravated by active service. 38 U.S.C.A. §§ 1110, 1131 (West 1991). Regulations also provide that service connection may be granted for a disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1993). For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity, at the time, as distinguished from merely isolated findings or a diagnosis including the word "chronic." Continuity of symptomatology is required only where the condition noted during service is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim. 38 C.F.R. § 3.303(b) (1993). In addition, certain chronic diseases, such as sensorineural hearing loss or arthritis, when manifest to a degree of 10 percent or more within one year after the veteran's military service ended, may be presumed to have been incurred in service. 38 U.S.C.A. §§ 1101, 1110, 1112(a) (West 1991); 38 C.F.R. §§ 3.307, 3.309(a) (1993). The presumption may be rebutted by affirmative evidence to the contrary. 38 U.S.C.A. § 1113 (West 1991); 38 C.F.R. § 3.307(d) (1993). Disability which is proximately due to or the result of a service- connected disease or injury shall be service connected. 38 C.F.R. § 3.310 (1993). I. Well Groundedness A person who submits a claim for VA benefits shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). A well grounded claim is one that is plausible, Murphy v. Derwinski, 1 Vet.App. 78 (1990). Although the record contains evidence, dated in 1989, that the veteran currently has diabetes and hypertension, there is no documentation of either of those disorders during service, nor is there any supporting evidence linking either disorder to active service. See Montgomery v. Brown, 4 Vet.App. 343 (1993). We recognize the veteran's assertion that his service-connected PTSD caused, among other things, hypertension and diabetes, but the record contains no clinical evidence to support that assertion. A well grounded claim requires submission of supporting evidence, rather than mere assertions. See Tirpak v. Derwinski, 2 Vet.App. 609 (1992). Moreover, the record does not indicate that the veteran has any medical expertise. See Grottveit v. Brown, 5 Vet.App. 91 (1993); Espiritu v. Derwinski, 2 Vet.App. 492 (1992). In light of the foregoing, we find that there are no plausible claims for service connection for diabetes and hypertension. The VA has no duty to assist the veteran with regard to these two issues as he has not submitted claims that are well grounded. The appeal concerning those two issues is dismissed. II. New and Material Evidence As noted before, the veteran was denied service connection for a back disorder in an unappealed May 1945 rating decision. The pertinent evidence on file at that time included the veteran's service medical records, which indicate various inservice complaints of back pains, which did not result in any findings of a chronic back disorder. A May 1945 service department certificate indicates that the veteran was discharged from service due to a psychoneurosis, manifested in part by back pain. Also on file was the veteran's May 1945 application for compensation, wherein he indicated that a bomb exploded near him, resulting in severe backaches. Following is the evidence submitted since the May 1945 decision. Various copies of the veteran's service medical records have been submitted. All of those copies are duplicates of records on file at the time of the May 1945 decision and, as such, are not considered new. A September 1988 statement of the veteran indicates that his back problem resulted from being hit by a "500 # bomb -- 'Vella Lavella.'" This is essentially a restatement of the contentions in his May 1945 application for compensation, which was on file at the time of the May 1945 decision. Therefore, it cannot be considered new. Two VA medical reports, dated in September and October 1989, were also added. The September 1989 report contains a finding of moderate to marked degenerative changes of the lower lumbar spine. This finding is not probative as it merely suggests the presence of arthritis over 40 years after service, and does not otherwise attribute a chronic back disorder, including degenerative changes involving the back, to service. Consequently, the September 1989 report is not material. The October 1989 report, a psychiatric report, indicates that the veteran was complaining of low back pain. He related a history of an inservice injury following the explosion of a bomb near him. Inasmuch as the report merely restates the substance of the veteran's claim on his May 1945 application, it is not new. Inasmuch as it does not attribute a back disorder to active service, it is not material. The only other pertinent evidence submitted since the May 1945 decision is the testimony of the veteran and his wife at his July 1991 personal hearing. The veteran testified that he has pain in his back that radiates to his legs. That evidence is not probative of whether a back disorder is attributable to active service, and is therefore not material. The Board acknowledges the veteran's contention that a claimed back disorder is secondary to PTSD. However, there is no clinical evidence to support that contention, and we would reiterate that the record does not indicate that the veteran has any medical expertise. See Grottveit v. Brown, 5 Vet.App. 91 (1993); Espiritu v. Derwinski, 2 Vet.App. 492 (1992). We recognize that service medical records indicate that the veteran had a psychoneurosis manifested partly by back pain. However, no disability of the back was identified. This evidence was on file at the time of the May 1945 rating decision. Furthermore, the back pain was characterized as a manifestation of a psychiatric disorder--there is no medical evidence on file which indicates that the veteran has a chronic structural or functional back disorder that is secondary to PTSD, or otherwise attributable to service. Inasmuch as new and material evidence has not been received since the May 1945 rating decision, the previously denied claim for service connection for a back disorder is not reopened. 38 U.S.C.A. § 5108 (West 1991); 38 C.F.R. § 3.156(a) (1993). III. Service Connection A. Hearing Loss The report of the veteran's April 1940 entrance physical examination is negative for any pertinent defects. An April 1945 audiogram shows a decibel loss at 3000 Hertz (Hz) of 40 decibels in the right ear and 60 decibels in the left ear (50 and 70 decibels, respectively, on conversion of the old ASA to the current ISO standard). Decibel losses at 4000 Hz of 25 decibels in the right ear and 55 decibels in the left ear (30 and 60 decibels, respectively, under the ISO standard) were also noted. An examination dated in April 1945 indicates that the veteran had tinnitus, caused by exposure to loud gunfire in the Pacific Theatre in 1943 and 1944. In May 1945, service connection was established for tinnitus. According to the report of a September 1989 VA examination, the veteran provided a history of hearing loss and intermittent tinnitus since military service at Guadalcanal. The veteran underwent a VA audiological examination in September 1989. Audiometric examination of the right ear revealed that pure tone thresholds at 500, 1000, 2000, 3000 and 4000 Hz were 15, 15, 60, 70, and 75 decibels, respectively, for an average decibel loss of 55. Corresponding frequencies in the left ear were 15, 25, 65, 65 and 65, for an average decibel loss of 55. The speech recognition score, for each ear, on the Maryland CNC Word list, was 76 percent. The examiner indicated that the veteran's hearing was abnormal, bilaterally, by VA standards. According to September 1989 correspondence of Robert B. Springer, M.D., the veteran related a history of inservice exposure to extensive noise, and of having once lost consciousness after a bomb blast. Dr. Springer interpreted the aforementioned September 1989 VA audiological examination as demonstrating roughly symmetrical descending sensorineural hearing loss in both ears. He concluded that the sensorineural hearing loss was compatible with, but not particularly characteristic of, noise- induced loss. At his July 1991 hearing, the veteran testified that he has had hearing problems since being in the service, in Guadalcanal, and that he experiences an occasional ringing or buzzing in the ears. His wife testified that sometimes he hears her; sometimes he does not. The report of the veteran's June 1994 VA psychiatric examination indicates that the veteran was somewhat hard of hearing. The September 1989 examination, supported by the testimony of the veteran's wife, clearly indicates that the veteran currently has hearing loss. Moreover, the service medical records indicate exposure to loud noise during service and contain findings of bilateral hearing loss. The hearing loss shown in service, as well as that shown on VA examination of September 1989, is such that it meets the threshold criteria for consideration of service-connection. See 38 C.F.R. § 3.385 (1993). In view of the veteran's contentions, and in light of the findings of hearing loss noted in service and currently shown, the Board finds that bilateral hearing loss was incurred in service. Service connection is thus granted. B. Arthritis The report of the veteran's April 1940 entrance physical examination is negative for any pertinent defects. Service medical records reflect complaints of back pain, noted as a manifestation of a psychoneurotic disorder. Service medical records do not show findings of arthritis. A December 1944 entry reflects a complaint of aching in the veteran's bones. A February 1945 examination specifically found no evidence of arthritis or other orthopedic disease. The report of a September 1989 VA examination indicates the presence of moderate to marked degenerative changes of the lower lumbar spine. At the veteran's July 1991 hearing, he testified that he had arthritic pain at the time of discharge, mostly involving his back. He stated that the pain starts in the mid-thoracic region and goes down the low back, sometimes radiating to the legs. Although service medical records reflect inservice complaints of back pain, they do not show arthritis. Service medical records contain no findings of arthritis. Indeed, as discussed previously, the earliest finding of arthritis is dated in September 1989, over 40 years after separation. This is too remote in time to attribute arthritis to active service, particularly in the absence of any documented complaints or findings of arthritis during that time. There is no evidence otherwise attributing arthritis to active service, or indicating that it manifested to a degree of 10 percent within one year after service. While the veteran has described the aches and pain which he reports he had during service and immediately thereafter as "arthritic" pain, the Board finds that this description, in and of itself, is of limited probative value in view of his lack of medical expertise. The determinative factors are that arthritis was not clinically found in service and was first shown many years subsequent thereto. Accordingly, although we find the veteran's testimony concerning inservice arthritis to be sincere, we do not find it to be probative, in the absence of any supporting clinical evidence. To address the veteran's contention that arthritis was caused by PTSD, we emphasize, once more, the absence of any supporting clinical evidence, and note that the record does not indicate that the veteran has any medical expertise. Accordingly, service connection for arthritis is denied. C. Fungal Disorder The report of the veteran's April 1940 entrance physical examination is negative for any pertinent defects. A January 1945 entry in the service medical records notes that otitis externa may be a residual of a fungus infection which had improved spontaneously. A February 1945 report indicates that examination of the veteran's skin was normal. March and April 1945 records reflect treatment for an infected toenail. A July 1989 VA outpatient record indicates that the veteran had a fungal nail infection. The veteran provided a history of fungal infection at the nails since 1942. In July 1991, the veteran testified that his entire body was covered with fungus during service, and that he still had residual scars. It was indicated at the hearing that he had greyish rashes on both wrists. The foregoing evidence is insufficient to establish service connection for a fungal disorder. The record contains no clinical evidence of a chronic fungal disorder, or of any residual manifestations resulting from a fungus infection. The 1989 finding of a fungal infection of the nails was over 40 years after separation from active service. Again, this is too remote in time to attribute to active service. Although we find the veteran's testimony regarding a fungal disorder to be sincere, we find it to be of limited probative value, in the absence of any supporting clinical evidence to show a chronic fungal disorder originating in service. Accordingly, service connection for a fungal disorder is denied. D. Inguinal Hernia The report of the veteran's April 1940 entrance physical examination is negative for any pertinent defects. Service medical records dated in 1944 and 1945 indicate that the veteran experienced episodes of pain in the right abdomen and flank, occasionally radiating down to the testicles. Service medical records also indicate that in December 1944, following cytoscopy, the veteran passed a ureteral calculus. Complaints of continuing right flank pain were also reported in March 1945. The diagnosis was calculus, ureteral (passed). Service medical records contain no indication of an inguinal hernia during service. A February 1945 examination specifically found no hernia of any type. VA records dated in May and September 1989 indicate that the veteran had a right inguinal hernia. None attributes it to active service or to his service-connected residuals of removal of right ureteral calculus. At his July 1991 hearing, the veteran testified that he has had a bulge in his side for at least 30 years. He state that he didn't notice a bulge while in service, although he stated he had right- sided pain in service. Although service medical records indicate the presence of right abdominal and flank pain associated with a ureteral stone in service, there were no findings of a hernia, inguinal or otherwise. Furthermore, there is no post-service evidence before 1989 indicating the presence of an inguinal hernia, and that evidence does not attribute the hernia to active service. It is also noted that there is no clinical evidence or medical opinion indicating that the veteran's inguinal hernia is proximately due to or the result of his service-connected residuals of removal of a ureteral calculus. See 38 C.F.R. § 3.310 (1993). We therefore find that service connection for an inguinal hernia is not warranted. IV. Increased Rating A. Malaria In a May 1945 rating decision, the veteran was service connected for malaria, and assigned a noncompensable rating, which is currently in effect. Service medical records indicate that the veteran experienced several malaria attacks during service. The report of the veteran's September 1989 VA examination does not indicate that the veteran has had any recent recurrence of malaria, or that he has disability due to an old attack. A compensable rating is warranted for malaria that is recently active, with one relapse in the past year; or for old cases of malaria with moderate disability. 38 C.F.R. Part 4, Code 6304 (1993). A compensable rating for malaria will not be assigned based upon the veteran's unsupported claim or statement. 38 C.F.R. Part 4, Code 6304, Note (1) (1993). Aside from the veteran's own statements, there is no evidence of recently active malaria, with one relapse in the past year, or of old cases with moderate disability. In other words, there is no evidence to support the veteran's claim of recurrence. Indeed, the only current, relevant, clinical evidence on file provides no indication that the veteran has had any recent recurrence of malaria, and there is no evidence of disability due to old attacks. Therefore, a compensable rating for malaria is denied. B. Residuals of Removal of a Right Ureteral Calculus In a December 1946 rating decision, the veteran was service connected for residuals of removal of right ureteral calculus, and assigned a noncompensable rating, which is currently in effect. Service medical records indicate that the veteran passed a ureteral calculus in December 1944. Thereafter, he complained of episodes of right flank pain on several occasions prior to discharge. The report of the veteran's September 1989 VA examination provides a history of removal of calculus on the right side, with no recurrence. According to an accompanying VA urology report, the veteran complained of occasional right flank pain. Intermittent dysuria and hematuria were noted. Examination revealed a huge inguinal hernia. KUB revealed prostatic stones. The impressions were right inguinal hernia and history of prostatic stones. The veteran testified in July 1991 that his kidneys hurt him all the time. He indicated that he had pain in his right abdomen. The veteran was denied a compensable rating for residuals of calculus under Code 7510, for ureterolithiasis, which is rated as for hydronephrosis under Code 7509 of the Rating Schedule. 38 C.F.R. Part 4, Code 7510 (1993). Under Code 7509, a compensable rating requires mild manifestations, with only an occasional attack of colic, not infected and not requiring catheter drainage. The veteran testified that he has had problems with his kidneys all his life, and the report of his 1989 VA examination indicates a history of occasional right flank pain. However, the veteran also indicated that he had no recurrence of ureteral calculi, and there is no clinical evidence suggestive of acute abdominal pain. No specific manifestations attributable to the service-connected ureteral calculus removal were identified. Accordingly, a compensable rating for residuals of removal of right ureteral calculus is denied. C. Extraschedular Considerations The Board has also considered the applicability of 38 C.F.R. § 3.321(b) (1993) in this case. The clinical findings referable to malaria and residuals of residuals of removal of right ureteral calculus have been described above. There is no evidence of frequent inpatient hospital care necessitated by, or marked interference with employment due to, malaria or residuals of removal of right ureteral calculus. Thus, an exceptional or unusual disability picture is not presented, and there is no basis for an extraschedular rating. V. Benefit of the Doubt We have considered whether the veteran is entitled to the benefit of the doubt. Under 38 U.S.C.A. § 5107(b) (West 1991), when there exists an approximate balance of positive and negative evidence regarding the merits of an issue, the benefit of the doubt shall be given to the claimant in resolving that issue. See also 38 C.F.R. § 3.102 (1993). In light of the preceding analysis, the Board finds that a preponderance of the evidence is against a finding of service connection for arthritis, a fungal disorder, and inguinal hernia, and compensable ratings for malaria and for residuals of removal of a right ureteral stone. Thus, there exists no approximate balance of positive and negative evidence requiring resolution of any doubt. ORDER Well grounded claims for service connection for diabetes and hypertension have not been submitted, and those appeals are therefore dismissed. New and material evidence has not been submitted to reopen the claim of entitlement to service connection for a back disorder. Service connection for arthritis, a fungal disorder, and inguinal hernia, is denied. Compensable ratings for malaria and residuals of removal of right ureteral calculus are denied. Service connection for bilateral hearing loss is granted. N. R. ROBIN B. KANNEE D. C. SPICKLER NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.