BVA9502943 DOCKET NO. 93-10 288 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The veteran had active military service from February 1977 to March 1978 and active duty for training from February 1976 to June 1976. In his January 1993 notice of disagreement, the veteran expressed disagreement only with the denial of service connection for a nervous disorder. In his April 1993 substantive appeal, the veteran appeared to disagree with the denial of entitlement to service connection for headaches and a sinus condition. As these matters are not properly before the Board of Veterans' Appeals (Board), they are referred to the regional office (RO) for appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that his present nervous disorder arises from his taking Tylenol in service for headaches, sinuses, and for pain following dental treatment. He maintains that the Tylenol affected his inservice job performance, made him forgetful, and caused him to do irrational things. 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 submitted evidence of a well- grounded claim for service connection for a psychiatric disorder. FINDING OF FACT No competent medical evidence has been submitted to show that an acquired psychiatric disorder had its onset in service. CONCLUSION OF LAW The veteran's claim for service connection for a psychiatric disorder is not well grounded. 38 U.S.C.A. § 5107 (West 1991). REASONS AND BASES FOR FINDING AND CONCLUSION Service connection may be established for a disability resulting from personal injury suffered or disease contracted during active duty or while performing active duty for training. 38 U.S.C.A. §§ 101(24), 106, 1131 (West 1991). If the disorder is a psychosis, service connection may be presumed if manifest to a compensable degree within one year following separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113, 1131, 1137 (West 1991); 38 C.F.R. §§ 3.307, 3.309 (1994). The threshold question to be addressed is whether the veteran has presented a well-grounded claim for service connection. If he has not presented a well-grounded claim, his appeal must fail and there is no duty to assist him further in the development of his claim. 38 U.S.C.A. § 5107(a) (West 1991); Murphy v. Derwinski, 1 Vet.App. 78 (1992). Case law provides that, although a claim need not be conclusive to be well-grounded, it must be accompanied by evidence. A claimant must submit supporting evidence that justifies a belief by a fair and impartial individual that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609, 611 (1992); Dixon v. Derwinski, 3 Vet.App. 261, 262 (1992). A review of the veteran's service medical records demonstrates that on his December 1975 U.S. Army Reserve enlistment examination, normal psychiatric findings were reported. A normal psychiatric evaluation was also reported at the time of a May 1976 service medical examination. A January 20, 1978, service medical record shows that the veteran complained of a headache which had lasted for approximately five days. A diagnosis of a tension headache was rendered at that time. A January 25, 1978, treatment record reveals that the veteran complained of headaches for a three week period, which were not being helped by medication. The examiner reported "?psychological." A diagnosis of sinusitis was rendered at that time. A January 31, 1978, treatment record indicates that the veteran complained of both headaches and body aches. A diagnosis of viral syndrome was rendered at that time. Normal clinical psychiatric findings were reported at the time of the veteran's January 31, 1978, service medical examination. On his January 31, 1978, report of medical history, the veteran indicated that he had no nervous trouble of any sort. A February 1978 treatment reveals that the veteran complained of pain around his eyes, a sore throat, and productive cough. A diagnosis of a cold headache was rendered at that time. No further complaints were noted in service. Subsequent to service, the veteran was hospitalized from March 1979 to April 1979 at the Dorothea Dix Hospital. A diagnosis of a schizoid personality disorder was rendered at that time. A February 1991 vocational rehabilitation services report of medical history noted the veteran to have a history of antisocial behavior and a personality disorder. In accordance with 38 C.F.R. § 3.303(c) (1994) a personality disorder is not a disease or injury for compensation purposes. The veteran was again hospitalized from May 7, 1991, to May 16, 1991 at the Cherry Hospital. The final diagnosis of rule out alcoholic hallucinosis was rendered at the time of discharge. At his July 1992 Department of Veterans Affairs (VA) examination, the veteran reported having had headaches for the past several years. The veteran indicated that he would get tense and nervous and then feel a pounding in his head. He further reported that his nerves were still bad and that he easily became nervous. The veteran denied any psychotic symptoms. He further reported that he was taking the prescription medication, Mellaril, at the time of the examination. He also reported that he was awarded Social Security disability for his "nerves." The examiner reported that upon review of the file he had seen a note from the Vocational Rehabilitation Center which contained a previous diagnosis of antisocial personality disorder. The examiner indicated that this probably explained much of the difficulties although there might have been a schizophrenic disorder. The examiner rendered a diagnosis of a personality disorder by history. Overall, the evidence reflects that no diagnosis of an acquired psychiatric disorder was rendered in service. The first findings of any psychiatric disorder did not occur until March 1979, when the veteran was noted to have a schizoid personality disorder. As previously noted, a personality disorder is not considered a disease under VA regulations. Personality disorders were also noted at the time of the veteran's February 1991 vocational rehabilitation medical examination and on his June 1992 VA psychiatric examination. While the VA examiner noted that a schizophrenic disorder might be present, the final diagnosis did not include any acquired psychiatric disorder. Although the veteran has indicated his belief that a psychiatric disorder began in service as a result of taking Tylenol, he is not medically qualified to render an opinion as to the etiology of his disorder. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). There has been no medical evidence submitted relating the veteran's current psychiatric disorder to service. In accordance with Grottveit v. Brown, 5 Vet.App. 91 (1993), lay assertions of medical causation cannot constitute evidence to render a claim well-grounded under 38 U.S.C.A. § 5107(a); if no cognizable evidence is submitted to support a claim, the claim cannot be well-grounded. If a claim is not well-grounded, the Board does not have jurisdiction to adjudicate the claim. Boeck v. Brown, 6 Vet.App. 14, 17 (1993). As such, the matter must be dismissed. ORDER The veteran's claim for entitlement to service connection for a psychiatric disorder is dismissed. M. SABULSKY 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.