BVA9506463 DOCKET NO. 93-11 696 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for a skin disorder. 2. Entitlement to service connection for a hiatal hernia. ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel INTRODUCTION The veteran served on active duty from November 1942 to February 1946 and from August 1954 to June 1972. This matter came before the Board of Veterans' Appeals (Board) on appeal from a November 1992 rating decision by the Philadelphia, Pennsylvania, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he should be granted service connection for a skin condition. He claims that he had a chronic skin condition of the scalp, face, shoulders, and upper back while in service. He asserts that he did not ride the sick book on account of his skin condition. The veteran also contends that he should be granted service connection for a hiatal hernia. He asserts that, while he was never treated for this condition in service, he was told by the service doctors that a hiatal hernia condition might be causing his many stomach problems. 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 entitlement to service connection for a skin disorder is warranted and that the preponderance of the evidence is against service connection for a hiatal hernia. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran experienced a chronic skin disorder while in service. 3. The veteran did not experience a hiatal hernia while in service. CONCLUSIONS OF LAW 1. A chronic skin disorder was incurred in service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. § 3.303 (1994). 2. A hiatal hernia was not incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board notes that the veteran's claims are "well grounded" within the meaning of 38 U.S.C.A. § 5107(a). That is, he has presented claims which are plausible. The Board is also 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). I. Skin Disorder The veteran seeks service connection for a skin disorder. He claims that he had a chronic skin condition of the scalp, face, shoulders, and upper back while in service. Entrance medical examination in November 1942 revealed no skin disorder. Service medical records dated from April 1950 through August 1953 reveal that the veteran received frequent treatment for seborrheic dermatitis of the scalp. The remainder of the service medical records, including separation examination report of February 1972, are silent to a skin condition of the type he experienced in the 1950's. The veteran received Veterans Administration (now Department of Veterans Affairs) (VA) examinations in November 1972, May 1973, June 1974, April 1976, and October 1979. At none of those examinations did the veteran complain of a skin condition. VA outpatient treatment records dated in July 1987 reveal that the veteran had acute urticaria as a side effect of the medication Sulindac. February 1988 VA outpatient treatment records reveal that the veteran again began to experience seborrheic dermatitis. In August 1988, the veteran was again placed on Sulindac and he again developed urticaria. VA outpatient treatment records subsequent to August 1988 and continuing to January 1990 reveal no more urticaria but frequent treatment for seborrhea of the scalp. The veteran's service medical records reveal that he experienced chronic seborrheic dermatitis while in service. These records show that the veteran received frequent treatment for that condition for over the past three years. While there were a great many years between the outbreaks reported in service and the outbreaks which are of record post service, service connection is warranted when a chronic disease which developed during service reoccurs at a later date, no matter how remote. 38 C.F.R. § 3.303(b). Consequently, in this case, service connection for a chronic skin disorder is warranted. All doubt has been decided in favor of the veteran. 38 U.S.C.A. § 5107. II. Hiatal Hernia The veteran also seeks service connection for a hiatal hernia. He maintains that he developed a chronic hiatal hernia while in service. Entrance medical examination in November 1942 revealed no gastrointestinal abnormalities. A January 1969 service medical record reveals that the veteran was examined for a possible epigastric hernia. Physical examination did not reveal a hernia; the impression was diastasis recti. The remainder of the service medical records, including the discharge examination of February 1972, indicate no complaints, treatment, or diagnosis related to a hiatal hernia. VA examinations performed in November 1972, May 1973, and June 1974 reveal no abnormalities of the digestive system. On VA examination in April 1976, the veteran complained of heartburn and a bloated feeling relieved by Rolaids. Physical examination was negative. VA examinations performed in October 1979 and in May 1988 revealed no abnormalities of the digestive system. VA outpatient treatment records dated from December 1989 through January 1991 reveal treatment first for an antral ulcer and then later for a small hiatal hernia. VA examination in April 1990 did not include examination of the veteran's digestive system. On VA examination in February 1991, the veteran complained of discomfort from a hiatal hernia. No examination of the veteran's digestive system was made. The evidence of record does not reveal that the veteran ever had a hiatal hernia while in service. The first record of a hiatal hernia was made more than 18 years after discharge from service. Since the veteran did not have a hiatal hernia during service and since the recently developed hiatal hernia has not been shown to be the result of service, service connection for a hiatal hernia disability is not warranted. 38 C.F.R. § 3.303. The evidence is not so evenly balanced that there is doubt as to any material issue. 38 U.S.C.A. § 5107. ORDER 1. Service connection for a skin disorder is granted. 2. Service connection for a hiatal hernia is denied. LAWRENCE M. SULLIVAN 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.