BVA9500835 DOCKET NO. 92-15 220 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUE Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Nydia I. Espino-Valcárcel, Attorney WITNESSES AT HEARING ON APPEAL Appellant and wife ATTORNEY FOR THE BOARD M. G. Mazzucchelli, Associate Counsel INTRODUCTION The appellant served on active duty for training with the Army National Guard from June 25 to August 24, 1962. According to the DD-214 he had one year and 16 days of other service. This appeal arises from a June 1991 rating decision of the San Juan, Puerto Rico, regional office (RO). That rating decision denied the appellant's claim for service connection for a psychiatric disorder. In January 1993, the Board of Veterans' Appeals (Board) remanded the case for further development. Subsequently, a March 1994 rating decision continued the prior denial. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that he is entitled to service connection as he has a chronic acquired psychiatric disorder which began and was caused by his suffering during his period of active duty for training. 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 appellant'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 the claim for service connection for an acquired psychiatric disorder. FINDINGS OF FACT 1. The RO has obtained all relevant evidence necessary for an equitable disposition of the appellant's claim. 2. No psychiatric symptomatology was reported during the appellant's short period of active duty for training which was less than 90 days. 3. A psychosis was first diagnosed more than 18 months after the appellant's separation from his period of active duty for training. CONCLUSION OF LAW An acquired psychiatric disorder was not incurred in or aggravated by the appellant's period of active duty for training. 38 U.S.C.A. §§ 101(24), 106, 1110, 1131 (West 1991); 38 C.F.R. § 3.303 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, he has presented a claim which is plausible. All relevant facts have been properly developed and no further assistance is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a). The appellant's service medical records show no treatments or complaints for psychiatric symptoms during his brief period of active duty for training. The appellant was seen with complaints of weak feet and was discharged from service due to severe bilateral pes planus in August 1962. The medical board examination at that time did not report the existence of any psychiatric symptomatology. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated while performing active duty for training or while performing inactive duty training. 38 U.S.C.A. §§ 101(24), 106, 1110, 1131 (West 1991). Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1993). Service connection for a psychosis may also be established if it is shown to be present in service or manifest to a degree of 10 percent or more within one year from the date of separation from a period of service of 90 days or more. 38 C.F.R. §§ 3.307(a)(3), 3.309(a) (1993). The current medical evidence indicates that the appellant is now suffering from severe bipolar disorder. No psychiatric disorder was shown in service. Inasmuch as the appellant served on active duty less than 90 days, to be service connected, his psychosis would have to have been present in service. Lorenzano v. Brown, 4 Vet. App. 446 (1993). The appellant has contended that he was treated by a private physician for nerves in 1962, but that these records are not available. A VA psychiatric examination was conducted in April 1963. The appellant was described as alert, lucid and free from active psychotic contents. He was noted to have some anxiety with respect to his foot problems. The diagnosis was conversion reaction manifested by exaggerated pains related to pes planus. It should be noted that he is not service connected for pes planus, and that such a claim was denied in 1963. The appellant was admitted to a private psychiatric hospital in March 1964 suffering from deliriums of grandeur and threatening to commit suicide. He was described as out of touch with reality and the diagnosis was schizophrenia, paranoid type. He was hospitalized again in December 1965. On admittance, the history indicated that the appellant had suffered a nervous breakdown in January 1964 which apparently stemmed from confusion about a relationship with a much older woman. The appellant was aggressive and delusional. He underwent electro-convulsive treatments in January 1966. On discharge in April 1966, the diagnosis was schizophrenic reaction, acute undifferentiated type. The appellant has had various VA and private hospitalizations from the 1970's to the 1990's, with diagnoses of schizophrenia and bipolar affective disorder. Pursuant to the Board's remand, a VA psychiatric examination was conducted in January 1994. The diagnosis was severe bipolar disorder. The examiners did not find a basis to link the current diagnosis with the appellant's brief period of active duty for training. The appellant has submitted written statements and oral testimony as well as statements from his wife and aunt to the effect that his psychiatric disorder began in service or was caused by his discharge from service. The Board has considered this evidence, however, without supporting medical evidence, the lay statements on this subject are not credible or competent to establish medical diagnoses or causation. Espiritu v. Derwinski, 2 Vet.App. 494 (1992). There are no medical records of treatment or complaints of a psychiatric nature during the appellant's period of active duty for training in 1962 which lasted less than 90 days. A medical examination in April 1963 found conversion reaction with no psychotic aspects. The first indication of a psychosis in the record was in March 1964, more than 18 months after the appellant's separation from his period of active duty for training. Accordingly, the Board finds that the appellant is not entitled to service connection for an acquired psychiatric disorder. 38 U.S.C.A. §§ 101(24), 106, 1131 (West 1991); 38 C.F.R. §§ 3.303 (1993). ORDER Service connection for an acquired psychiatric disorder is denied. JOAQUIN AGUAYO-PERELES 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.