BVA9504497 DOCKET NO. 92-54 430 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for cardiovascular disorder. 2. Entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel INTRODUCTION The veteran served on active duty from February 1950 to February 1953 and from March 1953 to March 1956. This appeal arises from a September 1991 rating decision by the RO. However, by decisions of August 1992 and April 1994, the Board of Veterans' Appeals (Board) remanded the case for development of the record. The case has been returned to the Board for appellate review. One of the issues developed and certified for appellate review was entitlement to a total rating based upon being individually unemployable due to service-connected disabilities. However, by a rating decision of August 1994, the RO granted a 100 percent evaluation based upon being individually unemployable due to service-connected disabilities. Thus, this issue has become moot. In a letter, received at the Board in January 1995, the veteran claimed entitlement to an earlier effective date for the 100 percent grant. However, the RO has not addressed this issue. Thus, the Board does not have jurisdiction. The issue of entitlement to an earlier effective date for the 100 percent grant based on being individually unemployable due to service- connected disabilities is referred to the RO for appropriate action. This appeal is limited to the two issues listed on the title page. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that in November 1950, while he was driving trucks supplying troops, he had to shoot his way through enemy lines. He also states that he was trapped with the 1st and 3rd Marine Battalion in the spring and summer of 1951. He also maintains that his heart disease is due to his military service. 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 failed to meet the burden of submitting evidence to justify a belief by a fair and impartial individual that the claims of service connection are well grounded. FINDING OF FACT No competent evidence has been submitted to show that the veteran currently has an acquired psychiatric disability, to include PTSD, or that his current heart disease is due to disease or injury in service. CONCLUSION OF LAW Well-grounded claims for service connection for an acquired psychiatric disability, to include PTSD, or for heart disease have not been presented. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1131, 1137, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (1993). REASONS AND BASES FOR FINDING AND CONCLUSION I. Historical The service medical records show on the veteran's induction examination in February 1950, his blood pressure was 134/90. On his discharge examination in February 1953, his blood pressure was 110/80. On the induction examination for his second period of service, performed in March 1953, his blood pressure was 118/78. On his discharge examination performed in February 1956, his blood pressure was 130/75. The records from both periods of service are devoid of any evidence of a psychiatric disorder. On VA examination, conducted in October 1956, the veteran's blood pressure was 122/80. No psychiatric disorder was noted. VA outpatient treatment reports, dated in March 1981, show that the veteran's blood pressure was 140/100. While lying down his blood pressure was 130/100, and while standing his blood pressure was 140/84. In August 1981 a private physician reported that the veteran had become deeply depressed. On a VA examination, performed in February 1983, one of the diagnoses was low grade hypertension. In January 1986 the veteran submitted a copy of an October 1950 Commendation showing that the 514th Transportation Truck Company helped moved the 7th Infantry Division from Anyang-Ni to Pusan in October 1950. He also submitted copies of orders showing that he was assigned to the 231st Transportation Truck Company in January 1952. In February 1952 he was assigned to the 3rd Armored Division, Fort Knox, Kentucky. The veteran was hospitalized at a private facility in March 1991. After workup the diagnosis was uncontrolled hypertension and unstable angina. The veteran was rehospitalized at a private facility in April 1993. After workup the relevant diagnoses were accelerated hypertension and mild left ventricular hypertrophy. In an April 1994 letter, the Director of the Environmental Support Group stated that during October 1950 the 514th Transportation Truck Company conveys were vulnerable to enemy attacks that resulted in casualties. From May to June 1951 the 514th Transportation Truck Company returned from North Korea by convoy and a corporal was wounded by shrapnel as a result of enemy action. The June 1951 command report does not indicate any enemy action. The Environmental Support Group was unable to locate documentation for the incidents described by the veteran. The discharge certificates from the veteran's two periods of service do not indicate that he was assigned to the 514th Transportation Truck Company. On a series of examinations, conducted by the VA in June 1994, the diagnosis was essential hypertension with mild concentric hypertrophy of the left ventricle. It was reported that psychological testings were inconsistent with the diagnosis of PTSD. Following a psychiatric examination, performed in June 1994 the examiner stated that he found no evidence whatsoever to support any possibility that the veteran suffered from PTSD. II. Post-traumatic Stress Disorder The threshold question to be answered in the veteran's appeal is whether he has presented evidence of well-grounded claims. If not, his application for service connection must fail, and there is no further duty to assist him in the development of his claims. 38 U.S.C.A. § 5107; Murphy v. Derwinski, 1 Vet.App. 78 (1990). As will be explained below, the Board finds that the veteran's claims are not well grounded. The United States Court of Veterans Appeals (Court) has held that the veteran must submit evidence of a plausible or well-grounded claim. Tirpak v. Derwinski, 2 Vet.App. 609 (1992). When, as in this case, the issue involves a medical diagnosis or medical causation, competent or medical evidence is required. Grottveit v. Brown, 5 Vet.App. 91 (1993). Statements from lay witnesses or the veteran in this regard are not sufficient to establish a plausible claim as they are not competent to offer medical opinions. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). Moreover, the evidence must show that the veteran currently has a disability stemming from service. Brammer v. Derwinski, 3 Vet.App. 223 (1992). In order to establish service connection for PTSD the evidence must establish the that the veteran was exposed to a life threatening event such as combat in service, and that he does, in fact suffer from PTSD. Although the veteran maintains that he suffers from PTSD due to the horrors of combat he endured in the Korean Conflict, the evidence of record does not support his assertions. The postservice medical records show that the veteran does not currently suffer from PTSD. Similarly, the evidence does not reveal the presence of any other psychiatric disability. The medical evidence contains no diagnoses of any such disorder. Thus, since he does not have PTSD or other acquired psychiatric disability, he has not submitted a well ground claim. See id. III. Hypertension In order to establish service connection for hypertension the evidence must show that it was present in service or disabling to a degree of 10 percent within one year of discharge from service. The evidence shows that hypertension was first manifested in 1981, approximately 25 years after service. The veteran has not submitted any medical evidence to show that his hypertension or heart disease is due to his military service. Thus, he has not established a well-grounded claim. See Tirpak, 2 Vet.App. at 610; Grottveit, 5 Vet.App. at 93. The written statements the veteran has made cannot be used to establish well-grounded claims because he is not competent to offer an opinion concerning medical diagnosis or causation. See Espiritu, 2 Vet.App. at 494- 95. Since the veteran has not submitted any competent evidence to support his assertions that his cardiovascular disorder is due to his military service, and he does not have an acquired psychiatric disability, to include PTSD, he has not presented well-grounded claims. See Tirpak, 2 Vet.App. at 610; Grottveit, 5 Vet.App. at 93; Brammer. 3 Vet.App. at 225, Thus, the Board does not have jurisdiction to consider the veteran's appeal. Boeck v. Brown, 6 Vet.App. 14 (1993). ORDER As well-grounded claims for service connection for a cardiovascular disorder and for an acquired psychiatric disability, to include PTSD, have not been presented, the appeal is dismissed. The RO should take all indicated adjudicatory action consistent with this decision. 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.