BVA9508370 DOCKET NO. 93-13 558 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Baltimore, Maryland THE ISSUES 1. Entitlement to service connection for residual disability from being struck by lightening. 2. Entitlement to service connection for a systolic heart murmur. 3. Entitlement to service connection for paranoid schizophrenia and bipolar personality disorder. ATTORNEY FOR THE BOARD Brian W. Lemoine, Associate Counsel INTRODUCTION The veteran had active military service from March 1966 to March 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 1993 rating decision of the Baltimore, Maryland Regional Office (RO), which denied the veteran's claims seeking entitlement to service connection for residual disability from being struck by lightening, a systolic heart murmur, paranoid schizophrenia and bipolar personality disorder. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in effect, that he is entitled to service connection for residuals of being struck by lightening, a systolic heart murmur, paranoid schizophrenia and a bipolar personality disorder. He claims to have suffered medical residuals as a result of being struck by lightening in 1967, while serving in the Republic of Korea. The veteran also states that in March 1968, during a physical examination at Fort Lewis, a physician diagnosed an existing systolic heart murmur. Further, the veteran asserts that he currently suffers from paranoid schizophrenia and a bipolar personality disorder. In this regard, he claims that a psychiatric disorder was first diagnosed during his hospitalization in January 1969, and was related to his prior military service. 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 burden of presenting well- grounded claims for service connection for a residual disability from being struck by lightening, a systolic heart murmur, paranoid schizophrenia and a bipolar personality disorder and, accordingly, his claims as to these issues are dismissed. FINDING OF FACT The veteran has not submitted evidence sufficient to justify a belief by a fair and impartial individual that his claims for service connection for a residual disability from being struck by lightening, a systolic heart murmur, paranoid schizophrenia and a bipolar personality disorder, are plausible. CONCLUSION OF LAW The veteran has not submitted well-grounded claims for service connection for a residual disability from being struck by lightening, a systolic heart murmur, paranoid schizophrenia and a bipolar personality disorder. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1137, 5107 (West 1991), 38 C.F.R. §§ 3.303, 3.307, 3.309, 4.100 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The threshold question in this case is whether the veteran has presented well-grounded claims, i.e., which are plausible. If he has not, the claims must fail and there is no further duty to assist in the development of the claims 38 U.S.C.A. § 5107; Murphy v. Derwinski, 1 Vet.App. 78 (1990). A well-grounded claim requires more than an allegation; the claimant must submit supporting evidence. Furthermore, the evidence must justify a belief by a fair and impartial individual that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609 (1992). As explained below, we find the veteran's claims are not well- grounded. The veteran's service records are entirely negative for any evidence that the veteran was struck by lightening, or suffered from any psychiatric disorders. On separation examination in December 1967, the clinical examiner noted a soft, short systolic murmur at the apex. An electrocardiogram was negative. The remainder of the separation examination, including psychiatric evaluation, was normal. Review of the veteran's post-service medical records fails to show any medical evidence for any of the veteran's claims. While the veteran was briefly hospitalized by the VA in January 1969, the medical diagnosis given was one of "drug use (marijuana), in an emotionally immature individual." Such a diagnosis does not support the veteran's claim that he was at that time suffering from a psychiatric disorder within one year of his prior military service. He alleged psychiatric treatment from a private facility in 1988; a request for records was unsucessful. Not withstanding the systolic murmur, which was heard upon separation examination, such finding alone, is not sufficient to identify the presence of a heart disease. "An acceptable diagnosis cannot be based upon the presence of systolic murmur alone. Tachycardia and bradycardia, the various arrhythmias, and cardiac hypertrophy or dilatation, do not represent generally acceptable diagnoses." 38 C.F.R § 4.100 (1994). Moreover, at no time has an organic heart disease been diagnosed or otherwise identified as a disease entity. In the absence of a finding of organic heart disease, service connection is not warranted. Further, the veteran has submitted no evidence which establishes the presence of any residual disability attributable to the claimed lightening strike in service. Competent medical evidence is required to show that a claim for service connection, which involves issues of medical diagnosis, is a plausible, well- grounded claim. Grottveit v. Brown, 5 Vet.App. 91, 93 (1993). In this case, no medical evidence has been provided by the veteran to demonstrate that any of the claimed conditions had its onset in service, as would be required for a grant of service connection on a direct basis under 38 U.S.C.A. § 1110, or that a psychosis or cardiovascular disorder was present to a compensable degree within one year of the veteran's separation from service as would be required for a grant of service connection on a presumptive basis under 38 U.S.C.A. §§ 1101, 1112, 1113; 38 C.F.R §§ 3.307, 3.309. Additionally, personality disorders are not conditions for which service connection may be granted. 38 C.F.R. § 3.303(c). A claim is not considered well-grounded if service records do not show the claimed disability and there is no medical evidence to link a current disability with events in service or with a service-connected disability. Montgomery v. Brown, 4 Vet.App. 343 (1993). As previously noted, a claimant must submit supporting evidence that justifies a belief by a fair and impartial individual that the claim is plausible. As such evidence has not been presented here, the claims are not well-grounded and the appeal must be dismissed. ORDER The claims of entitlement to service connection for a residual disability from being struck by lightening, a systolic heart murmur, paranoid schizophrenia and bipolar personality disorder are dismissed, since they are not well-grounded. N. R. ROBIN 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.