BVA9506414 DOCKET NO. 93-13 748 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to service connection for hypertension. 2. Entitlement to service connection for an acquired psychiatric disorder REPRESENTATION Appellant represented by: AMVETS ATTORNEY FOR THE BOARD J.P. Reep, Associate Counsel INTRODUCTION The veteran served on active duty from July 1960 to July 1965. This matter came before the Board of Veterans' Appeals (the Board) on appeal from a September 1992 rating decision of the Cleveland, Ohio Regional Office (RO) of the Department of Veterans Affairs (VA), which denied service connection for hypertension and an acquired psychiatric disorder. The veteran requested a hearing, which was scheduled for February 24, 1993. The veteran canceled that hearing, and requested another. By VA correspondence dated in April 1993, the veteran was notified that a hearing was scheduled for May 18, 1993. A May 18, 1993 notation in the record indicates that the veteran failed to report for the hearing. CONTENTIONS OF APPELLANT ON APPEAL The veteran has made no contentions other than that he contends that he is entitled to service connection for hypertension and for a psychiatric disorder. 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 sufficient to justify a belief by a fair and impartial individual that his claims are well grounded and, accordingly, that his appeal is dismissed. FINDING OF FACT In his claims for service connection for hypertension and an acquired psychiatric disorder, the veteran has made no specific assertions and he has submitted no evidence indicating that any such disorders are attributable to active service. CONCLUSIONS OF LAW 1. The veteran has not submitted a well grounded claim for service connection for hypertension. §§ 1101, 1110, 1112, 1131, 1137, 1153, 5107 (West 1991); 38 C.F.R. §§ 3.159, 3.303, 3.306, 3.307, 3.309 (1994). 2. The veteran has not submitted a well grounded claim for service connection for a psychiatric disorder. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.159, 3.301, 3.303 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran has appealed the denial of service connection for hypertension and for an acquired psychiatric disorder. Service connection may be established for a disability incurred in or aggravated by active service. 38 U.S.C.A. § 1110, 1131 (West 1991). Service connection may also be granted for a disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1994). In addition, certain diseases, such as hypertension, which manifest to a degree of 10 percent or more within one year after the veteran's military service ended, may be presumed to have been incurred in service. 38 U.S.C.A. §§ 1101, 1110, 1112(a), 1131, 1137 (West 1991); 38 C.F.R. §§ 3.307, 3.309(a) (1994). A person who submits a claim for VA benefits shall have the burden of submitting evidence 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). A well grounded claim is one that is plausible. Murphy v. Derwinski, 1 Vet.App. 78 (1990). Although the record contains clinical evidence, dated in 1992, indicating that the veteran currently has hypertension, there is no documentation of that disorder during service, nor is there any supporting evidence linking it to active service, whence the veteran was discharged nearly 30 years ago. See Montgomery v. Brown, 4 Vet.App. 343, 346 (1993). In fact, a March 1992 VA record notes "hypertension since 1977." This reference is consistent with VA treatment records dated in 1978 and 1979 which contain findings of elevated blood pressure. The record contains no earlier records showing findings of high blood pressure or hypertension. Service medical records show no findings of high blood pressure or hypertension. Regarding a psychiatric disorder, we recognize an August 1962 entry in service medical records which reflects treatment for probable psychophysiological gastrointestinal upset. However, there were no findings in service of a chronic acquired psychiatric disorder and the separation examination specifically found no psychiatric abnormalities. Nor is there any evidence indicating that the veteran currently has a psychiatric disorder which may be linked to service over 30 years ago. Similarly, although VA records dated in 1978 and 1979 note the presence of paranoia, delusions and/or situational anxiety, there is no showing that any of those findings were found to establish a chronic acquired psychiatric disorder, or that they were in any way linked to active military service. In fact, the record contains no evidence of a current psychiatric disorder for which service connection may be granted. The only current psychiatric diagnoses on file are of a personality disorder and substance and alcohol abuse. Personality disorders are not considered to be diseases within the meaning of veteran's benefits laws; thus they cannot be service-connected. 38 C.F.R. § 3.303(c) (1994). Alcoholism cannot be service connected, as it is considered to be the result of the veteran's own willful misconduct. See 38 U.S.C.A. § 105(a) (West 1991); 38 C.F.R. § 3.301 (1994). In light of the foregoing analysis, the Board finds that there is no plausible claim and the VA has no duty to assist the veteran as he has not submitted claims that are well grounded. The appeal with respect to both issues is dismissed. ORDER Well grounded claims for service connection for hypertension and an acquired psychiatric disorder have not been submitted, and the appeal is therefore dismissed. D. C. SPICKLER 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.