BVA9500298 
DOCKET NO.  93-01 447     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas

THE ISSUE

Entitlement to service connection for a bilateral knee
disability.

ATTORNEY FOR THE BOARD

Heather J. Harner

INTRODUCTION

The veteran served on active duty from November 1975 to August
1976.

This appeal to the Board of Veterans' Appeals (Board) arises from
a September 1991 rating decision by the Department of Veterans
Affairs (VA) Regional Office (RO) in Waco, Texas.

The veteran initially requested a travel board hearing.  Three
days prior to the scheduled hearing, he canceled and indicated he
would request a hearing at a later date.  The case was forwarded
to the Board for appellate consideration.  By letter of November
1994, the Board requested clarification from the veteran as to
whether he wanted a hearing before the Board; he was advised that
if he did not reply, it would assumed that he did not want a
hearing.  No reply was received.  Accordingly, the Board will
proceed with appellate review.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends service connection is warranted for a
bilateral knee disability resulting from a fall during his period
of boot camp.  He avers that he suffers with pain in his knees.

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 veteran has not met the initial burden of
submitting evidence sufficient to justify a belief by a fair and
impartial individual that his claim is well grounded.

FINDING OF FACT

The veteran has not presented any evidence other than his own
contentions to establish the existence of a current bilateral
knee disability.

CONCLUSION OF LAW

Evidence of a well-grounded claim for entitlement to service
connection for a bilateral knee disability has not been
presented.  38 U.S.C.A. §§ 1131, 5107 (West 1991).

REASONS AND BASES FOR FINDING AND CONCLUSION

The threshold question to be addressed is whether the appellant
has presented a well-grounded claim for service connection.  A
well-grounded claim is one which would justify a belief by a fair
and impartial individual that the claim is plausible.  If a claim
is not well-grounded, the claim must fail and the VA has not
further duty to assist the appellant because additional
development would be futile.  38 U.S.C.A. § 5107 (West 1991);
Murphy v. Derwinski, 1 Vet.App. 78 (1990); Tirpak v. Derwinski,
2 Vet.App. 609 (1992).

The initial requirement for a grant of service connection for any
disability is that the disability claimed must be shown to be
present.  38 U.S.C.A. §§ 1110, 1131 (West 1991).  The United
States Court of Veterans Appeals has interpreted the requirement
of current disability thus:

Congress specifically limits entitlement
for service-connected disease or injury to
cases where such incidents have resulted in
a disability.  See 38 U.S.C. § 1110
(formerly § 310).  In the absence of proof
of a present disability there can be no
valid claim.  Brammer v. Derwinski,
3 Vet.App. 223, 225 (1992).

Other than the veteran's own written contentions, he has
presented no clinical or medical evidence indicating any current
disability involving his knees.  He stated in his initial
application for compensation that he has received no medical
treatment for his knees since his discharge from service in 1976.
The veteran may at any time submit new evidence showing such a
current disability.  In the absence of evidence of current
disability, however, the Board must dismiss the veteran's claim
for entitlement to service connection for a bilateral knee
disability as not well grounded.

ORDER

The veteran's claim for entitlement to service connection for a
bilateral knee disability is dismissed.

          V. L. JORDAN
          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.