BVA9504616 DOCKET NO. 92-09 270 ) DATE ) ) On appeal from a decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for residuals of shell fragment wounds of the chest. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Sheila A. Lawson, Associate Counsel INTRODUCTION The veteran had active service from September 1951 to January 1958. He was wounded in action in March 1953, and is the recipient of two Purple Hearts. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 1991 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. In July 1990, the veteran filed claims for service connection for residuals of shell fragment wounds of the chest and psychiatric disability. During the veteran's February 1992 hearing, the veteran's representative clarified that post-traumatic stress disorder (PTSD) was the issue for which the veteran was claiming entitlement to service connection. In June 1993, the Board remanded the veteran's case for the purpose of having the RO schedule the veteran for a VA psychiatric examination to determine the nature and extent of any current psychiatric disorder found to be present. At the conclusion of a September 1993 psychiatric examination, the veteran was diagnosed as having PTSD. In an August 1994 rating decision, in which the issue of entitlement to service connection for residuals of shell fragment wounds of the chest was held in abeyance pending resolution of the PTSD issue, the RO granted the veteran's claim for service connection for PTSD and assigned a 10 percent evaluation. In January 1995, the veteran's case was returned to the Board. In view of the veteran's not having expressed disagreement with his having been assigned a 10 percent disability evaluation for PTSD, the only issue presently before the Board is entitlement to service connection for residuals of shell fragment wounds of the chest. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for residuals of shell fragment wounds of the chest. In support of this contention, he asserts that he sustained shell fragment wounds to the chest at the same time the shell fragments injured his upper and lower extremities. He also asserts that shell fragments were removed from his chest on board a ship, and that he has no residual scarring or other disability as a result of this injury. 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. After review of the relevant evidence in this matter, and for the following reasons and bases, the Board concludes that the preponderance of the evidence is against the veteran's claim of entitlement to service connection for residuals of shell fragment wounds of the chest. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained. 2. The objective evidence of record does not reveal shell fragment wounds of the chest. CONCLUSION OF LAW Shell fragment wounds of the chest were not incurred in or aggravated by service. 38 U.S.C.A. § 1110, 1131, 5107 (West 1991); 38 C.F.R. § 3.303 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION As a preliminary matter, the Board finds that the veteran's claim is plausible and capable of substantiation, and thus well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). When a veteran submits a well-grounded claim, VA must assist him in developing facts pertinent to that claim. 38 U.S.C.A. § 5107(a). The Board is satisfied that all relevant evidence has been obtained and that no further assistance to the veteran is required to comply with 38 U.S.C.A. § 5107(a). The veteran's service medical records are negative for any complaint, treatment or diagnosis of shell fragment wounds of the chest; his 1958 separation examination is likewise negative for any abnormality, including chest scars. Prior to his having filed, in July 1990, a claim for service connection for such, the record is silent as to any complaints, treatment or diagnoses regarding shell fragment wounds of the veteran's chest. In August and September 1990, the veteran underwent VA examinations. Although he was diagnosed as having shell fragment wounds of all four extremities with healed wounds and excellent function, the examination was negative for any findings pertaining to shell fragment wounds of the chest. In February 1992, the veteran testified at a hearing at the RO. Apart from statements that he received shell fragment wounds of the chest during service, and that he wished to pursue this issue, the veteran's hearing testimony essentially addresses his PTSD claim. While the Board finds the veteran's testimony essentially credible, we also point out that the passage of time may affect an individual's recollection of particular events. In that there is no objective evidence of record supporting the veteran's contention that he sustained shell fragment wounds of the chest, the Board finds that service connection for this claimed disability is not warranted. The Board has considered the provisions of 38 U.S.C.A. § 1154 (West 1991), that require due consideration be given to the places, types, and circumstances of the veteran's service as shown by the veteran's service record, the official history of each organization in which the veteran served, the veteran's medical records, and all pertinent medical and lay evidence in each case in which a veteran is seeking service connection for any disability. Although the Board certainly does not dispute the veteran's having received shell fragment wounds in his arms and legs, for the following reasons, the Board finds that the evidence does not support his claim of entitlement to service connection for residuals of shell fragment wounds of the chest. First, the veteran's service medical records and separation examination report are devoid of any findings pertaining to the veteran's chest. Although the veteran's separation examination report shows the presence of scars on his forehead, under his right eye, on his right upper and left lower tibia, and right wrist, that were not present at induction, the separation examination report is negative for any abnormalities of the veteran's chest. Further, X-ray studies of the veteran's chest, taken during a January 1960 VA examination after the veteran's separation from service, were negative, for any evidence of metal fragments or any other pertinent chest abnormality, as were subsequent X-ray studies. Finally, the Board notes that the veteran did not raise the issue of entitlement to service connection for shell fragment wounds of the chest until 1990, more than three decades after his separation from service. Even assuming that the veteran received shell fragment wounds of the chest during service, there is no objective medical evidence of such an injury at separation, and there is no objective medical evidence reflecting post-service treatment for residuals of such an injury. The evidence of record does not support the veteran's assertion that he received shell fragment wounds of the chest during service. As such, the Board finds that the preponderance of the evidence is against the veteran's claim, and that the benefit of the doubt principle is not for application. 38 U.S.C.A. § 5107; see Gilbert v. Derwinski, 1 Vet.App. 49, 58 (1990). ORDER Entitlement to service connection for residuals of shell fragment wounds of the chest is denied. F. JUDGE FLOWERS 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 that 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 that appears on the face of this decision constitutes the date of mailing and the copy of this decision that you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.