BVA9507233 DOCKET NO. 93-12 542 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for cardiovascular disease. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD John M. Clarkson, III INTRODUCTION The veteran had almost continuous active service from January 1937 to September 1958. This appeal originally arose from a September 1991 rating action of the St. Petersburg, Florida Regional Office (RO) which denied service connection for coronary artery disease and vascular insufficiency and for a duodenal ulcer. By rating action of February 1993, the RO granted service connection for a duodenal ulcer. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends, in effect, that he suffers from cardiovascular disease, which began in service. He states that he was treated for heart problems in 1946. DECISION OF THE BOARD The Board of Veterans' Appeals (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 the claim for service connection for cardiovascular disease. FINDINGS OF FACT 1. All available evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. Cardiovascular disease was first objectively demonstrated many years following separation from service, and the record contains no medical opinion linking it to service. CONCLUSION OF LAW Cardiovascular disease was not incurred in or aggravated by service nor may it be presumed to have been so incurred. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137, 5107 (West 1991); 38 C.F.R. §§ 3.307, 3.309 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION We find that the veteran's claim is "well-grounded" within the meaning of 38 U.S.C.A. § 5107(a). That is, we find that he has presented a claim which is plausible. The U.S. Department of Veterans Affairs (VA) has a duty to assist the veteran in developing facts pertinent to his claim. Id. In that regard, the Board notes that the veteran contended in his Substantive Appeal that he received treatment at McGuire AFB, New Jersey from 1953 to 1970 and at MacDill AFB, Florida from 1970 to the present. The record indicates that the RO made numerous requests for service medical records to McGuire AFB, including a request in December 1992. In January 1993, a reply was received from McGuire AFB that a thorough search of files had failed to reveal any medical record for the veteran. The Board further notes that any records from MacDill AFB which might reflect treatment of the veteran for cardiovascular disease would have been created many years post-service and would therefore not reflect the onset of a disability in service. The U.S. Court of Veterans Appeals (Court) has held that the duty to assist is not a license for a fishing expedition to determine if there might be some unspecified information which could possibly support a claim. In connection with the search for documents, the duty is limited to specifically-identified documents that, by their description, would be facially relevant and material to the claim. Gobber v. Derwinski, 2 Vet.App. 470 (1992). Accordingly, we are satisfied that all relevant facts have been properly developed, and that no further development is required to comply with the duty to assist the veteran mandated by 38 U.S.C.A. § 5107(a). Under the applicable criteria, service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131. In addition, where a veteran served continuously for ninety (90) days or more during a period of war or during peacetime service after December 31, 1946 and cardiovascular disease becomes manifest to a degree of 10 percent within one year from the date of termination of such service, such disease shall be presumed to have been incurred in service, even though there is no evidence of such disease during the period of service. This presumption is rebuttable by affirmative evidence to the contrary. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. During service in September 1946, the veteran was hospitalized with a complaint of sharp epigastric pain. However, the reports of this hospitalization are devoid of any findings or diagnoses of cardiovascular disease, and examination of the heart and vascular system was normal. An electrocardiograph report generated during this hospitalization was interpreted as within normal limits. The service medical records are completely negative for any complaints, findings or diagnoses of any cardiovascular disorder, to include coronary artery disease and vascular insufficiency. All examinations of the heart and vascular system in service from 1937 to 1958 were normal, including retirement physical examination of September 1958. The record is devoid of any medical records of treatment of the veteran from 1958 to 1964. Post-service, the veteran was hospitalized at a military medical facility in May and June 1964, complaining of chest pains. The veteran stated that, prior to his hospitalization, he had been in his usual state of vigorous good health until about two weeks previously. The above statement was made at the time of the veteran's treatment for acute chest pains, and as such, is of greater probative value than statements made during a hearing, many years later, in support of his claim for VA monetary benefits. Additionally, the veteran's past medical and family history at the time of his 1964 hospitalization was entirely non- contributory. Electrocardiograms showed the evolution of an anteroseptal myocardial infarction, and the diagnosis was myocardial infarction, acute. Numerous reports by private medical providers from 1970 to 1992 reflect continuing post- service treatment of the veteran for disorders including angina pectoris, arteriosclerotic heart disease, carotid artery disease with transient ischemic attacks, peripheral vascular disease and congestive heart failure. However, there was nothing to relate these to service. During a VA special cardiovascular and peripheral vascular examination of July 1991, the veteran gave a history of hospitalization for chest pains while serving in Korea in 1952, during which time no definitive diagnosis was made. The veteran also reported heart attacks post-service in 1964 and 1974. After examination, the veteran was diagnosed with arteriosclerotic heart disease with a question of incipient cardiac failure, angina pectoris, sinus bradycardia with frequent premature ventricular contractions, peripheral vascular insufficiency mainly in the left leg, and residuals of myocardial infarction by history and record. The Court has held that the veteran's sworn testimony is evidence which must be considered; that the Board must provide adequate reasons or bases for its rejection of the appellant's testimonial evidence; and that the VA cannot ignore the veteran's testimony simply because he is an interested party. Pruitt v. Derwinski, 2 Vet.App. 83, 85 (1992); Smith v. Derwinski, 2 Vet.App. 147, 148 (1992), citing Cartright v. Derwinski, 2 Vet.App. 24 (1991). At an April 1992 hearing, the veteran testified that he first began to experience heart problems in 1951 or 1952, while serving in Korea. The veteran stated that he had been hospitalized and treated for chest and neck pains, that nitroglycerin had been prescribed, and that a military physician had considered him as having arteriosclerosis. However, the record shows no such disorder in service or for several years thereafter, and no medical opinion links the disorder first shown several years post-service with service. The veteran's statements during the hearing alleging the inservice onset of heart problems are rebutted by his 1964 statement made at the time of treatment for a myocardial infarction that he usually enjoyed vigorous good health previously, and the lack of findings of a heart disorder during his retirement physical examination. Additionally, private medical records developed between 1970 and 1992 show post-service treatment of the veteran for cardiovascular disease, but no relationship with military service was indicated. Since cardiovascular disease was first manifested several years post- service, and the veteran has not provided any competent medical evidence establishing a link between his current cardiovascular disease and service, the Board finds that the preponderance of the evidence is against the veteran's claim for service connected cardiovascular disease. ORDER Service connection for cardiovascular disease is denied. I. S. SHERMAN 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.