BVA9500738 DOCKET NO. 93-08 338 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Francisco, California THE ISSUES 1. Entitlement to service connection for syphilis. 2. Entitlement to service connection for gonorrhea. 3. Entitlement to service connection for chronic nasopharyngitis. 4. Entitlement to service connection for residuals of burns to the face and right forearm. 5. Entitlement to service connection for gout. 6. Entitlement to service connection for degenerative arthritis. 7. Entitlement to service connection for glaucoma. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD G. Wm. Thompson, Counsel INTRODUCTION The veteran had active service from April 1943 to January 1946. This appeal arises from a March 1992 Department of Veterans Affairs (VA) San Francisco, California, Regional Office (RO) rating action that denied service connection for syphilis, gonorrhea, nasopharyngitis, burns of the face and right forearm, gout, degenerative arthritis, and glaucoma. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in essence, that the RO erred in not finding that the evidence of record supports his claim for the stated disabilities. He asks that the records be reviewed, again. 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 claim for service connection for syphilis, gonorrhea, nasopharyngitis, burns of the face and right forearm, gout, degenerative arthritis, and glaucoma is not well grounded. FINDINGS OF FACT 1. Syphilis, gonorrhea, nasopharyngitis, and burns of the face and right forearm were treated conservatively in service and resolved without residual disability. 2. Residuals of syphilis, gonorrhea, nasopharyngitis and burns of the face and right forearm have not been clinically demonstrated post-service. 3. Neither gout, glaucoma nor degenerative arthritis was demonstrated in service or for many years after service. 4. There is no objective medical evidence showing any relationship between the gout, glaucoma, and degenerative arthritis and the veteran's period of active service. CONCLUSION OF LAW The veteran's claim for service connection for syphilis, gonorrhea, nasopharyngitis, burns of the face and right forearm, gout, degenerative arthritis, and glaucoma is not well-grounded. 38 U.S.C.A. § 5107(a) (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION In Boeck v. Brown, 6 Vet.App. 14 (1993), the United States Court of Veterans Appeals (the Court) held that A veteran claiming entitlement to VA benefits has the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. See 38 U.S.C.A. § 5107, and Tirpak v. Derwinski, 2 Vet. App. 609, 610-11 (1992). If a claim is not well grounded, the Board does not have jurisdiction to adjudicate the claim. See Grottveit v. Brown, 5 Vet.App. 91, 93 (1993). A well-grounded claim is a plausible claim, one which is meritorious on its own or capable of substantiation. Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). Although the claim need not be conclusive, it must be accompanied by supporting evidence sufficient to justify a belief by a fair and impartial individual that the claim is plausible. See Tirpak. In this case, the veteran has failed to submit medical evidence establishing residuals of syphilis, gonorrhea, nasopharyngitis and burns of the face and right forearm, the existence of chronic syphilis, gonorrhea, and nasopharyngitis in service, or any etiologic relationship between the post-service gout, degenerative arthritis and glaucoma, and the veteran's active military service. Service medical records show that the veteran was treated for acute syphilis, gonorrhea, nasopharyngitis, and second degree burns involving his face and right forearm. These problems were treated conservatively, and resolved without residual impairment. The examination prior to separation in January 1946, including pertinent lab studies, was negative for any residuals of the syphilis, gonorrhea, nasopharyngitis and burns to the face and right forearm, or the existence of gout, glaucoma or arthritis. In October 1949 the veteran was treated by the VA for laceration to the lip and chest, and in September 1954 he was treated for headaches, and acute rhinitis. In February 1963 he was hospitalized for a condition not at issue, and in February 1964 and September 1972 he applied for disability benefits. On the above occasions there was no reference to or findings of syphilis, gonorrhea, chronic nasopharyngitis, residuals of burns to the face and right forearm, gout, degenerative arthritis or glaucoma. The Board notes that when the veteran was treated for an eye injury in April 1964, there was no reference to or findings of glaucoma. Medical evidence provided by the veteran in support of his claim show that he has prostate problems, complaints of joint pain, and a history of glaucoma, osteoarthritis and gout. The Board notes that the veteran has made reference to early treatment at multiple VA medical facilities, and has requested that records of such treatment be retrieved. It is for consideration that he did not allege specific treatment for the disabilities at issue, and records for most of the reported early VA treatment is already of record and has bee referred to above. The veteran has failed to account for the lengthy time period for which there is no clinical documentation of the claimed disabilities. The veteran has not provided any medical evidence showing that he presently has residuals of syphilis, gonorrhea, chronic nasopharyngitis or burns of the face or right forearm related to military service. There is no objective evidence to associate the current reported gout, degenerative arthritis and glaucoma with the veteran's active military duty. The veteran is not shown to possess the medical expertise to determine the etiology of the post-service gout, degenerative arthritis and glaucoma or their relationship to service, and his claims of medical causation are of limited probative value. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). Having not made evidentiary assertions establishing a plausible basis entitling him to service-connected disability compensation under 38 U.S.C.A. § 1110 (West 1991), he has failed to submit a well- grounded claim under 38 U.S.C.A. § 5107(a) (West 1991). In light of Grivois v. Brown, 6 Vet.App. 136 (1994), purported adjudication of claims which are not well-grounded are a nullity in contemplation of law. ORDER Having found the claim for service connection for syphilis, gonorrhea, nasopharyngitis, burns of the face and right forearm, gout, degenerative arthritis, and glaucoma not to be well- grounded, these issues are dismissed. THOMAS J. DANNAHER 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.