Citation Nr: 0007508 Decision Date: 03/21/00 Archive Date: 03/28/00 DOCKET NO. 97 - 31 399 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES Whether the claim of entitlement to service connection for a respiratory disorder manifested by chest pain is well grounded. Whether the claim of entitlement to service connection for a chronic headache disorder is well grounded. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Frank L. Christian, Counsel INTRODUCTION The veteran served on active duty from February 1970 to November 1971, including service in the Republic of Vietnam from July 1970 to July 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of June 1997 from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The veteran failed to report for a scheduled Travel Board hearing in June 1998, and has not requested that another hearing be scheduled. This matter was previously before the Board in September 1998, and was Remanded to the RO for further development of the medical and other evidence. The requested actions have been satisfactorily completed, and the appellant's claim for service connection for post-traumatic stress disorder (PTSD) was granted while the case was in remand status. In its Supplemental Statement of the Case issued in October 1999, the RO informed the veteran of the requirements for establishing a well-grounded claim, and the medical evidence required for render claims well-grounded. The case in now before the Board for further appellate consideration. FINDINGS OF FACT The claims of entitlement to service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder are not plausible because the record contains no current evidence of a chronic headache disorder or chest disability in the form of a medical diagnosis; no evidence of incurrence or aggravation of a respiratory disorder manifested by chest pain or of a chronic headache disorder in service in the form of lay or medical evidence; and no medical evidence of a nexus between any inservice injury or disease and any current respiratory, chest, or chronic disorder manifested by headache. CONCLUSION OF LAW The claims of entitlement to service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder are not plausible because the record contains no current evidence of a chronic headache disorder or chest disability in the form of a medical diagnosis; no evidence of incurrence or aggravation of a respiratory disorder manifested by chest pain or of a chronic headache disorder in service in the form of lay or medical evidence; and no medical evidence of a nexus between any inservice injury or disease and any current respiratory, chest, or chronic headache disorder. 38 U.S.C.A. §§ 1110, 5107(a) (West 1991); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); Caluza v. Brown, 7 Vet. App. 498 (1995), affirmed per curiam, 78 F.3d 604 (Fed. Cir. 1996). REASONS AND BASES FOR FINDING AND CONCLUSION As a preliminary matter, the Board must determine whether the veteran has submitted evidence of a well-grounded claim of entitlement to service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder. If he has not, his appeal must fail, and VA is not obligated to assist him in the development of those claims. 38 U.S.C.A. § 5107(a) (West 1991). The United States Court of Appeals for Veterans Claims (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). It has also held that where a determinative issue involves a medical diagnosis or medical causation, competent medical evidence to the effect that the claim is plausible is required. Grottveit v. Brown, 5 Vet. App. 91, 93 (1993). For the reasons set forth below, the Board finds that the veteran has not met his burden of submitting evidence to support a belief that his claims of entitlement to service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder are well grounded. 38 U.S.C.A. § 5107(a) (West 1991); see Grottveit, at 93; Tirpak v. Derwinski, 2 Vet. App. 609 (1992); Murphy, at 80. A threshold requirement for the grant of service connection for a disability is that the disability claimed must be shown to be present. 38 U.S.C.A. § 1110, 1131 (West 1991). The Court has interpreted the requirement of current disability thus: Congress specifically limits entitlement to service connected disease or injury to cases where such incidents have resulted in a disability. See 38 U.S.C.A. §§ 1110, 1131(West 1991). In the absence of proof of a present disability there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). In the instant appeal, the only respiratory disability currently shown is diagnosed as mild chronic obstructive pulmonary disease, with normal pulmonary function tests. However, there has been no demonstration, diagnosis, or other showing that such causes chest pain, or that the claimant has a chronic headache disorder or a chest disability. While the veteran's assertions must generally be regarded as credible for purposes of determining whether a well-grounded claim has been submitted, the Court has held that a lay person, such as the veteran, is not competent to offer evidence that requires medical knowledge, such as the diagnosis or cause of a disability. See Grottveit, at 93; Espiritu v. Derwinski, 2 Vet. App. 492, 495 (1992). The appellant cannot meet his initial burden of presenting a well-grounded claim by relying upon his own opinions as to medical matters. Clarkson v. Brown, 4 Vet. App. 565 (1993); Grottveit, at 93. In addition, in order to establish a well-grounded claim, there must be (1) competent evidence of a current disability in the form of a medical diagnosis; as well as (2) evidence of incurrence or aggravation of a disease or injury in service in the form of lay or medical evidence; together with (3) evidence of a nexus between the inservice injury or disease and the current disability in the form of medical evidence. Caluza v. Brown, 7 Vet. App. 498 (1995), affirmed per curiam, 78 F.3d 604 (Fed. Cir. 1996). In this case, the requirement of item (1) is satisfied as to mild chronic obstructive pulmonary disease, with normal pulmonary function tests. However, there has been no demonstration, diagnosis, or other showing that such condition causes chest pain, or that the claimant has a chronic headache disorder or a chest disability, and the requirements of item (1) are not satisfied as to the claims for a chronic headache disorder or a chest disability because there is no showing of those conditions in the form of a medical diagnosis. The requirements of item (2) that evidence be submitted of incurrence or aggravation of the claimed disease or injury in service in the form of lay or medical evidence are not met because neither a respiratory disorder manifested by chest pain nor a chronic headache disorder were shown during the veteran's active service, on his service entrance or separation examinations, or within any applicable presumptive period, and chest X-rays at the time of his service entrance and separation examinations disclosed no respiratory abnormalities or chest problems. In his original claim for VA disability compensation benefits, the veteran reported no medical treatment for those disabilities during active service. On VA neurological examination in May 1997, he stated that he was never diagnosed or treated for headaches in military service, and did not have headaches until two years prior to the examination [ i. e., 1995], 24 years after final service separation. A mild chronic obstructive pulmonary disease was not shown in service, on service separation examination, within the initial postservice year, or at any time prior to June 1999, 28 years after final service separation. Further, as the veteran failed to complete and submit the requested medical record release authorization (VA Forms 21-4142) forms so that the RO could obtain records of the veteran's past medical treatment, no medical evidence could be obtained regarding continuity of postservice treatment. Finally, the veteran has not met the requirements of item (3) because he has failed to submit competent medical evidence establishing a nexus between inservice trauma and pathology and his claimed respiratory disorder manifested by chest pain and chronic headache disorder. In the absence of medical evidence linking a current respiratory disorder manifested by chest pain and a chronic headache disorder to his period of active service, the requirements of item (3) are not met. As noted, the appellant cannot meet his initial burden of presenting a well-grounded claim by relying upon his own opinions as to medical matters. Clarkson v. Brown, 4 Vet. App. 565 (1993); Grottveit, at 93. In the absence of evidence of well-grounded claims for service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder, those claims must be denied. ORDER Evidence of well-grounded claims for service connection for a respiratory disorder manifested by chest pain and for a chronic headache disorder not having been submitted, those claims are denied. F. JUDGE FLOWERS Member, Board of Veterans' Appeals