BVA9501764 DOCKET NO. 93-09 807 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska THE ISSUE 1. Whether a claim for service connection for lung disease can be reopened. 2. Whether a claim for service connection for a gastrointestinal disorder can be reopened. 3. Whether a claim for service connection for phlebitis can be reopened. 4. Whether a claim for service connection for varicose veins can be reopened. 5. Entitlement to service connection for an abdominal aortic aneurysm. 6. Entitlement to service connection for a hip disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Sabrina M. Tilley, Counsel INTRODUCTION The veteran served on active duty from March 1942 to September 1945. He was a prisoner of war of the German forces from September 1944 to April 1945. Entitlement to service connection for lung disease, a gastrointestinal disorder, phlebitis and varicose veins was denied in a May 1984 rating decision. The veteran was notified of the denial of benefits in a letter, dated later that month. The veteran attempted to reopen his claims for service connection in May 1991. This matter came to the Board of Veterans' Appeals (Board) on appeal from the September 1991 rating decision. The RO denied entitlement to service connection for peripheral neuropathy, avitaminosis, beriberi, dysentery, helminthiasis, malnutrition, nutritional deficiency, organic residuals of frostbite, irritable bowel syndrome and peptic ulcer disease in a November 1992 rating. VA FORM 1-646 (Statement of Accredited Representation in Appealed Case), shows that the representative requested a supplemental statement of the case reflecting consideration of these issues, thereby expressing the veteran's disagreement with the November 1992 rating. The representative also has expressed disagreement with the assignment of the effective date for the evaluation for traumatic arthritis of the lumbar spine. These matters are referred to the RO for further action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for the various disabilities on appeal, claiming that these medical conditions might be related to the malnutrition and distress that he faced while he was a prisoner of war. 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 sufficient evidence to justify the belief of an impartial individual that his claims are well grounded. FINDING OF FACT The veteran has not presented competent evidence to show that he has lung disease, a gastrointestinal disorder, phlebitis, varicose veins, an abdominal aortic aneurysm or a hip disability that may be associated with injury or disease noted in his active service. CONCLUSIONS OF LAW 1. The claims for service connection for lung disease, a gastrointestinal disorder, phlebitis and varicose veins are not well grounded, and reopened claims cannot be presented. 38 U.S.C.A. §§ 1110, 5107, 5108, 7104 (West 1991); 38 C.F.R. § 3.156(a) (1993). 2. The claims for service connection for an abdominal aortic aneurysm and for a hip disability are not well grounded. 38 U.S.C.A. §§ 1110, 5107, 7104 (West 1991) REASONS AND BASES FOR FINDING AND CONCLUSIONS The law requires that a claimant shall have the burden of submitting a claim that is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). The VA benefits system requires more than just an allegation; a claimant must submit supporting evidence sufficient to justify a belief by a fair and impartial individual that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609, 611 (1992). Although the claim need not be conclusive, the statute requires the claim must be accompanied by evidence. Id. I. The report of the medical examination for entrance into active service shows that the veteran had minimal varicose veins on the left leg. No other pertinent complaint or abnormality was noted either on that report or the remainder of the service medical records. The medical examination for separation showed no varicose veins and a normal musculoskeletal system, except for residuals of a chip fracture of the index finger. The abdominal wall and viscera were evaluated as normal, as were the lungs. Reports of VA outpatient and inpatient treatment from the 1980s show diagnoses, including chronic obstructive pulmonary disease, shortness of breath due to emphysema, a hiatal hernia and varicose veins. These conditions were apparently identified decades following the veteran's separation from service. None of these disabilities is a disability specific to former prisoners of war for which a life-time presumption of inservice incurrence is afforded under 38 C.F.R. § 3.307 (1993). Furthermore, the veteran has not brought forth any evidence that would establish a nexus between any of these disabilities and injury or disease of his active service. While the veteran's allegations of entitlement have been considered, his lay assertions, as they pertain to a question of medical diagnosis or causation, are not supported by competent evidence and, as such, cannot constitute evidence to render a claim well grounded under 38 U.S.C.A. § 5107(a). Grottveit v. Brown, 5 Vet.App. 91 (1993). In addition, since a well-grounded claim has not been presented, a basis on which to predicate a reopened claim cannot be found. Moray v. Brown, 5 Vet.App. 211 (1993). II. The service medical records were entirely negative for reference to an abdominal aortic aneurysm. The medical examination for separation was equally devoid of any pertinent data. Reports of VA outpatient treatment show that an abdominal aortic aneurysm was first noted incidentally by ultrasound which was performed to evaluate the veteran's gallbladder in December 1989. During a May 1991 VA hospitalization, the veteran underwent repair of the abdominal aortic aneurysm. Subsequent reports of VA inpatient and outpatient treatment reflect continued evaluation of the postoperative status of the veteran. However, none of these records contains history suggestive of an inservice origin for that disorder. The veteran has not submitted evidence to establish that the abdominal aortic aneurysm was related to injury or disease of his active service. The veteran's service medical records do not make reference to a hip disability. Likewise, the clinical record fails to show any pertinent complaints or findings. In fact, there is no clinical evidence to demonstrate that currently the veteran has a hip disability of any kind. He has not brought forth any evidence to support his claim for service connection. While the veteran's allegations of entitlement to service connection for an abdominal aortic aneurysm and a hip disability have been considered, his lay assertions, as they pertain to a question of medical diagnosis or causation, are not supported by competent evidence and, as such, cannot constitute evidence to render a claim well grounded under 38 U.S.C.A. § 5107(a). Grottveit v. Brown, 5 Vet.App. 91 (1993). ORDER The claims of service connection for lung disease, a gastrointestinal disorder, phlebitis and varicose veins are not well grounded and reopened claims cannot be presented. The appeal is dismissed as to these issues. Likewise, the claims for service connection for an abdominal aortic aneurysm and a claimed hip disability are not well grounded. The appeal is dismissed as to these issues. BARBARA B. COPELAND Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. 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.