BVA9502214 DOCKET NO. 93-09 962 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina THE ISSUE 1. Entitlement to service connection for the claimed disability manifested by a positive TB tine test. 2. Entitlement to service connection for a claimed heart disorder. ATTORNEY FOR THE BOARD K. E. Harrison, Associate Counsel INTRODUCTION The veteran had active military service from September 1970 to October 1991. This matter is before the Board of Veteran's Appeals (Board) on appeal from rating decisions of the RO. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that, because he had a positive TB tine test in service, he had to have a chest X-ray study every two years and take medication. He also notes that he was told that he had a congenital pulmonary valve insufficiency and experienced shortness of breath and an irregular heartbeat in service. Reportedly, he had been told by a service doctor that he would have to have heart surgery at a later date. 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 his initial burden of submitting evidence sufficient to justify a belief by an impartial individual that he has presented well-grounded claims of service connection for disability manifested by a TB tine test and a claimed heart disorder. FINDINGS OF FACT 1. No competent evidence has been submitted to show that the veteran currently has residual disability which can be attributed to a positive TB tine test in service. 2. No competent evidence has been submitted to show that the veteran has an acquired heart disorder due to disease or injury in service.. CONCLUSION OF LAW The veteran has not presented well-grounded claims of service connection for a disability manifested by a positive TB tine test and a claimed heart disorder. 38 U.S.C.A. §§ 1110, 1131, 5107(a), 7104 (West 1991); 38 C.F.R. § 3.303(a)(c) (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION I. Residuals of a TB Tine Test Background. A careful review of the service medical records shows that the veteran had a positive TB tine test. At a military discharge examination of July 1991, the veteran gave a history of having been exposed to someone with tuberculosis. It was recommended that he have chest X-ray studies every two years because he could not take "INH." Chest X-ray studies were conducted in July 1991 and showed no significant abnormalities. The veteran had a negative chest examination with no evidence of tuberculosis. The November 1992 examination by VA noted the history of a positive TB test and indicated that all follow-up chest X-ray studies, which had been performed because the veteran could not tolerate anti-tuberculosis medication, had been normal. Examination of the chest revealed no lung abnormality. The examiner noted that pulmonary function studies were within normal limits, and a chest X-ray study was negative for active disease of the lungs. Analysis. The law provides that service connection may be granted for disability which was incurred in or aggravated by active military service. 38 U.S.C.A. § 1110, 1131 (West 1991). Where a disease is not shown to be chronic in service, evidence of continuity of symptomatology is required. 38 C.F.R. § 3.303 (c) (1993). However, the preliminary requirement for establishing entitlement to any VA benefit is that the applicant submit evidence which is sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). The Court of Veteran Appeals (the Court) has defined a well-grounded claim as "a plausible claim, one which is meritorious on its own or capable of substantiation." Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). The evidence does confirm that the veteran had a positive TB tine test in service and that precautions were recommended to ensure that he did not develop pulmonary tuberculosis. However, a positive TB tine test is only a laboratory finding, and no residual disability has been demonstrated to be related to this finding. The veteran has provided no competent evidence to show that he has tuberculosis or any other medical condition which is related to the positive TB test. The law specifically limits entitlement to service connection to disease or injury which results in disability. In the absence of proof of a present disability, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). The recent VA examination was negative for findings due to active tuberculosis or other disease which was related to his positive TB tine test in service. Therefore, the Board finds that the veteran has not presented a well-grounded claim. A claim must be accompanied by evidence that suggests more than a purely speculative basis for granting entitlement. Dixon v. Derwinski, 3 Vet. App. 261 (1992); Tirpak v. Derwinski, 2 Vet.App. 609 (1992). If no cognizable evidence is submitted to support a claim, the claim cannot be well grounded. Tirpak, Id., at 610; Grottveitt v. Brown, 5 Vet.App. 91 (1993). Since the claim is not well grounded, the Board lacks jurisdiction to consider the appeal on its merits. Boeck v. Brown, 6 Vet.App. 14 (1994). II. Heart Disorder Background. A careful review of the service medical records shows that the veteran was initially diagnosed with "congenital pulmonary valve insufficiency" that was hemodynamically insignificant in September 1983. This was based on an evaluation conducted during a period of hospitalization in that month for symptoms of indigestion-like epigastric pain and sharp left intrammary pain. He also displayed findings of unifocal PVC's on electrocardiogram. There was a normal echocardiogram and treadmill test. The examiner felt that the veteran's chest pain was non-cardiac in origin. He also was seen in May 1986 for atypical chest pain which was felt to be probably gastrointestinal in origin and a heart murmur consistent with the pulmonary valve. When evaluated in August 1986 it was determined that he had a pulmonary valve insufficiency which was clinically asymptomatic and a benign systolic flow murmur A December 1991 examination found the veteran's heart to have a regular rate and rhythm without any detectable murmurs particularly in the pulmonic area. When examined by VA in December 1991, it was reported by way of history that the veteran had a history of pulmonic regurgitation and had been examined for atypical chest pain in the past. He had no limitation of activity due to this mild cardiac abnormality. On examination, his heart rate was noted to be regular without any detectable murmur. The pertinent diagnosis at that time was that of history of pulmonic regurgitation by previous echocardiograms. A November 1992 VA examination of the heart revealed that there was no enlargement present, and there was no shock or thrill heard. A faint Grade I systolic murmur was heard at the apex. Radiology diagnostic reports of November 1992 revealed that views of the chest demonstrated no evidence of soft tissue or bony abnormalities. The reviewing radiologist found no evidence of active disease of the lung, heart or pleura. His impression was that of no evidence of active intrathoracic disease. Analysis. The Board concludes that the claim of service connection for a claimed heart condition is not well grounded under the criteria discussed above. The veteran is shown by the evidence of record to have a congenital pulmonary valve insufficiency by the evidence of record. This was determined to be hemodynamically insignificant in service, and this was confirmed by the initial examination by VA in 1991. This cardiac anomaly, by regulation, is not considered to be one of the "diseases or injuries" for which disability compensation is payable by VA under 38 C.F.R. § 3.303 (c). The veteran has submitted no competent evidence to support any assertion that he has acquired heart disease which developed in service. Thus, the veteran has failed to provide competent evidence which would present a plausible claim within the meaning of § 5107(a). Since the claim is not well grounded, the Board lacks jurisdiction to consider the appeal on its merits. Boeck v. Brown, 6 Vet.App. 14 (1994). . ORDER As well-grounded claims for service connection for a claimed disability manifested by a positive TB tine test and a claimed heart disorder have not been presented, the appeal is dismissed. STEPHEN L. WILKINS 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.