BVA9502370 DOCKET NO. 93-10 229 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Sioux Falls, South Dakota THE ISSUES !. Entitlement to service connection for a psychiatric disorder, variously diagnosed. 2. Entitlement to service connection for pseudofolliculitis barbae. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from January 1971 to March 1972. The claims file contains a report of an April 1991 rating decision, in pertinent part, denying entitlement to service connection for psychiatric disability and for pseudofolliculitis barbae. The current appeal arose from a July 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Sioux Falls, South Dakota. The RO affirmed the determinations previously entered. The case has been forwarded to the Board of Veterans' Appeals (Board) for appellate review. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that a psychiatric disorder and pseudofolliculitis barbae had their inceptions in service. He states that his service medical records contain recommendations for group therapy and argues that psychiatric illness in service was significant. The appellant states that he has been treating skin eruptions for many years and that such eruptions originated while he was still on active duty. 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 preponderance of the evidence is against a grant of entitlement to service connection for a psychiatric disorder, variously diagnosed; and that the record supports a grant of entitlement to service connection for pseudofolliculitis barbae. FINDINGS OF FACT 1. During active service in July 1971, the veteran was treated for situational maladjustment which resolved without any residual disability. 2. In February 1972, a provisional diagnosis of "personality disorder" was reported. 3. A chronic acquired psychiatric disorder was not shown in active service. 4. Chronic variously diagnosed psychiatric disorders were initially reported many years after service. 5. Pseudofolliculitis, reported initially in active service, has been confirmed on post service VA examination. CONCLUSIONS OF LAW 1. A psychiatric disorder, variously diagnosed, was not incurred in or aggravated by active service; nor may psychosis be presumed to been incurred during such service. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 5107 (West 1991); 38 C.F.R. §§ 3.1(n), 3.301(c)(2)(3), 3.303(b), 3.307, 3.309 (1994). 2. A "personality disorder" is not recognized as a disability under the law. 38 C.F.R. § 3.303(c). 3. Pseudofolliculitis barbae was incurred in active service. 38 U.S.C.A. §§ 1110, 5107; 38 C.F.R. § 3.303(c). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Initially, the Board observes that the veteran's claims for service connection for a variously diagnosed psychiatric disorder and pseudofolliculitis barbae are well grounded within the meaning of 38 U.S.C.A. § 5107(a), in that it is at least plausible that he has a psychiatric disorder and pseudofolliculitis barbae which originated coincident with his active service. The Board is satisfied that all relevant facts have been properly developed, and that no further assistance to the veteran is required in order to comply with 38 U.S.C.A. § 5107(a). I. Entitlement to service connection for a psychiatric disorder, variously diagnosed. The Board observes that during service the veteran was seen in July 1971 for complaints of having trouble sleeping, nervousness, anxiety, and loss of appetite. It was noted he was having difficulty in adjusting to confinement. He was provided a diagnostic impression of situational maladjustment and was to be followed in supportive psychotherapy. In February 1972 the appellant was evaluated for misuse of a drug. He did not think he had a problem and related that he used to shoot up before service. He was felt to be withholding a great deal of information pertaining to his situation. He gave the impression that everything was all right except for a little dispute with his platoon sergeant. "Personality disorder" was provisionally diagnosed. On separation examination in March 1972, there were no complaints or findings of psychiatric impairment and clinical evaluation noted the veteran's psychiatric status to be normal. The post service record is replete with records of inpatient and outpatient treatment of the veteran during the early 1990's for abuse of drugs including alcohol. He has been noted to have a history of manic depression, personality disorder, alcohol dependence, polysubstance abuse, mixed personality disorder, and cocaine abuse. The Board's evaluation of the evidence of record discloses that the service medical records are negative for a chronic acquired psychiatric disorder recognized as a disability under the law for VA compensation purposes. The appellant's situational maladjustment was acute and transitory in nature and resolved without residual disability. 38 C.F.R. § 3.303(b). The "personality disorder" provisionally diagnosed in service is not a disability under the law. 38 C.F.R. § 3.303(c). Post service reported abuse of drugs including alcohol is not shown to be due to other than the veteran's own willful misconduct and is not otherwise service connectable unless shown to be a manifestation of a service-connected disability. 38 C.F.R. §§ 3.1(n), 3.301(c)(2)(3). A psychosis was not shown in service nor demonstrated to a compensable degree within one year thereafter. 38 U.S.C.A. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307, 3.309. A chronic psychiatric disorder in the nature of a neurosis for VA compensation purposes was not shown in service. 38 U.S.C.A. § 1110. In reaching its determination as to the issue of entitlement to service connection for a psychiatric disorder, the Board has carefully evaluated all contentions presented on appeal including the testimony provided by the veteran at the RO hearing held in February 1992. The Board has no alternative but to deny the appeal of service connection for a psychiatric disorder because the veteran does not have a psychiatric disorder recognized under the law for VA compensation purposes which was incurred in or aggravated by active service. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 5107; 38 C.F.R. §§ 3.1(n), 3.301(c)(2)(3), 3.303(b(c), 3.307, 3.309. II. Entitlement to service connection for pseudofolliculitis barbae. The service medical records show that in June 1971, the veteran was treated for pseudofolliculitis barbae. He was placed on a physical profile. No other skin disorder is shown in the service medical records. The post service medical evidence of record shows the appellant was treated for a rash on his face in October 1989, and for a furuncle on the right cheek in January 1991 at a VA outpatient clinic. Dermatitis of the face was included as a discharge diagnosis in connection with a VA hospitalization during July and August 1991. The private medical records on file also include references to treatment of the veteran during recent years for acne, pustules, and cysts. The June 1992 VA examination report shows that pseudofolliculitis was confirmed to be present; acne was also diagnosed. None of the variously diagnosed skin disorders other than pseudofolliculitis barbae was shown in service. The veteran has testified as to ongoing difficulties during post-service years for his dermatological disorders. Pseudofolliculitis, having been shown in active service and continuing to the present, warrants a grant of entitlement to service connection. 38 U.S.C.A. §§ 1110, 5107; 38 C.F.R. § 3.303(b). ORDER Entitlement to service connection for a psychiatric disorder, variously diagnosed, is denied. Entitlement to service connection for pseudofolliculitis barbae is granted. ALBERT D. TUTERA 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.