BVA9505972 DOCKET NO. 93-25 447 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to service connection for a low back disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Tresa Schlecht, Associate Counsel INTRODUCTION The appellant had active service from May 1944 to March 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia, which denied a claim of entitlement to service connection for a low back condition. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that he injured his back in service in approximately 1944 or 1945 when he jumped from the wing of an airplane as it was making an emergency landing. The appellant asserts that he was unable to report for treatment because he was afraid it would delay his discharge and because his records had been lost. The appellant also asserted in his notice of disagreement that he was treated for a back condition in the 1950's but that his back problems continued and are now disabling. 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 a well-grounded claim for service connection for a low back condition. FINDINGS OF FACT 1. The appellant has not submitted any evidence, other than his unsupported allegation, that he was injured in service. 2. The service medical records do not disclose that the appellant reported a back injury or sought treatment for a back condition while in service, nor do the service medical records document complaints, signs, or symptoms related to a low back condition. The separation examination of record, dated March 1946, is negative for any complaints, history, or abnormal physical findings related to the back. 3. The appellant has not presented any post-service evidence, lay or medical, which establishes or raises a possibility that the appellant was treated after service for a low back condition incurred in service. CONCLUSION OF LAW The appellant has not submitted a well-grounded claim for entitlement to service connection for a back injury. 38 U.S.C.A. § 5107 (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION The threshold question to be answered is whether the appellant has presented evidence of a well-grounded claim of entitlement to service connection for a low back condition. A claimant for veterans' benefits has, by statute, the duty to submit evidence that a claim is well-grounded. 38 U.S.C.A. § 5107(a) (West 1991). The evidence must "justify a belief by a fair and impartial individual" that the claim is plausible. Id. In Tirpak v. Derwinski, 2 Vet.App. 609 (1992), the United States Court of Veterans Appeals (Court) stated that a claimant for veterans' benefits must submit "supporting evidence" and that a claimant's allegation that a condition was incurred in service, standing alone, does not meet the requirement of supporting evidence of a well-grounded claim. 2 Vet.App. at 611. While the evidentiary assertions by the appellant must be accepted as true for the purposes of determining whether a claim is well grounded, nevertheless those allegations must be accompanied by some evidence. See Grivois v. Brown, 6 Vet.App. 136, 139 (1994). If a particular claim is not well grounded, then there is no duty to assist in developing facts pertinent to the claim. 38 U.S.C.A. § 5107(a) (West 1991); Grivois at 140. In this case, the appellant has submitted no evidence to support his claim beyond his assertions that he suffered a back injury in service. The service medical records do not disclose that the appellant reported a back injury while in service. The service medical records include no notation indicating that the appellant sought treatment for a back condition while in service, nor do the service medical records document complaints, signs, or symptoms related to a low back condition. The appellant's separation examination, dated March 1946, is negative for any complaints, history, or abnormal physical findings related to the back. The examiner who conducted the separation examination indicated that no defects were found. The appellant has submitted no post-service medical records or opinion or any other evidence indicating that he suffered a back injury in service. The evidence of record shows that the appellant requested and was approved for treatment at a VA medical facility in October 1950 and in December 1950 for a draining pilonidal cyst. The evidence of record shows that treatment authorized was for a nonservice-connected condition and that the appellant did not file a claim for service connection for the condition. The evidence of record does not indicate any notation that the appellant stated the pilonidal cyst was incurred in service. A pilonidal cyst is a skin condition, not a condition of the muscles or bones of the back. DORLAND'S ILLUSTRATED MEDICAL DICTIONARY 421, 422 (27th ed. 1988). This evidence does not support the appellant's claim that he was treated after service for a low back condition incurred in service. The evidence of record establishes that the appellant did not engage in combat with the enemy during service, so his unsupported assertions that an injury was incurred during an emergency airplane landing does not shift the burden of proof and cannot meet the requirement that the appellant provide some evidence in support of his claim. See 38 U.S.C.A. §§ 1154, 5107(a) (1991); 38 C.F.R. §§ 3.303, 3.304(d) (1994). The appellant's claim for entitlement to service connection for a back condition is unsupported by any evidence of record. That claim is not well-grounded. ORDER The appellant has not submitted a well-grounded claim of entitlement to service-connection for a back disability. The claim is dismissed. HOLLY E. MOEHLMANN 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.