BVA9505218 DOCKET NO. 93-12 189 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to service connection for a pulmonary disability, to include tuberculosis and emphysema. 2. Entitlement to service connection for a psychiatric disability. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran had active service from August 1972 to October 1972. This appeal is taken from a Regional Office (RO) determination in December 1992 which denied entitlement to service connection for the disabilities at issue. CONTENTIONS OF APPELLANT ON APPEAL The veteran essentially contends that a positive tuberculin test in service evidenced the incurrence of pulmonary tuberculosis in service, and that mental impairment was either incurred in service or aggravated by service. 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(s). 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 preponderance of the evidence is against a grant of service connection for a psychiatric disability or a pulmonary disability. FINDINGS OF FACT 1. All evidence necessary for an equitable adjudication of the issues on appeal has been obtained. 2. An acquired psychiatric disorder was not demonstrated in service, and an acquired psychiatric disorder initially demonstrated years after service has not been shown to be related to service. 3. A chronic pulmonary disability was initially demonstrated years after service, and has not been shown to be related to service. 5. Tuberculosis has not been demonstrated. CONCLUSIONS OF LAW 1. An acquired psychiatric disability was not incurred in or aggravated by active service. 38 U.S.C.A. § § 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1994). 2. A pulmonary disability, to include tuberculosis, was not incurred in or aggravated by active service. 38 U.S.C.A. § § 1110, 5107; 38 C.F.R. § 3.303 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claims are "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991); that is, he has presented claims that are plausible. He has not asserted that any records of probative value that may be obtained and which have not already been associated with his claims folder are available. The Board accordingly finds that all relevant facts have been properly developed, and that the duty to assist him, mandated by 38 U.S.C.A. § 5107(a) (West 1991), has been satisfied. Service connection may be established for disability due to disease or injury incurred in or aggravated by active service. 38 U.S.C.A. § 1130. Service connection may be established for any disability identified after service, if shown to be related to service. 38 C.F.R. § 3.303(d). I. PULMONARY DISABILITY Service medical records are negative for any complaints or findings relative to a pulmonary disability. A tuberculin skin test, performed in September 1972, resulted in a positive induration of 13 millimeters. A chest X-ray examination that same day was negative. A chest X-ray on initial VA examination subsequent to service, performed in May 1992, was also negative. Based on the veteran's reported medical history of a positive skin test for tuberculosis, the diagnosis was history of tuberculosis. Pulmonary emphysema was initially diagnosed on VA examination subsequent to service, in May 1992. The post service emphysema has not been clinically related to service. In the absence of demonstration of continuity of symptomatology, the Board would have to engage in speculation to find that pulmonary emphysema, initially demonstrated 20 years after service, is etiologically related to service. The Board recognizes that when the disease entity of tuberculosis is established in service, there is no requirement of evidentiary showing of continuity. 38 C.F.R. § 3.303(b) (1994). However, as indicated above, tuberculosis has not been demonstrated. In view of the foregoing, the Board finds that service connection is not warranted for a pulmonary disability, to include pulmonary tuberculosis or emphysema. II. PSYCHIATRIC DISABILITY The service medical records are negative for any complaints or findings of a psychiatric disorder. Service medical records reveal the veteran twice failed to pass aptitude tests administered in conjunction with basic training. On psychiatric consultation, thereafter, there was no evidence of a psychosis, impaired reality testing, formal thought disorder, or debilitating psychoneurosis. It was felt that it was inaptitude, and not mental illness, which rendered the veteran unsuitable for further military service. The veteran was accordingly discharged from active service of one month and 17 days. On VA psychiatric examination in May 1992, it was reported the veteran had psychomotor retardation and marked poverty of speech. It was noted in his social history that he had been a "slow learner" at school, had finished only the seventh grade, when he was sixteen, and that he had had to repeat several years in schools. The diagnoses were possible mild mental retardation, and generalized anxiety disorder. Mental deficiency, in pertinent part, is not a disease or injury within the meaning of applicable legislation. 38 C.F.R. § 3.303(c) (1994). Further, the generalized anxiety initially demonstrated on VA examination 20 years after the veteran's separation from service has not been clinically related to service. As such, the Board would have to engage in unsubstantiated speculation to find that the post service generalized anxiety was related to service. In view of the foregoing, the Board finds that service connection is not warranted for a psychiatric disability. ORDER Service connection for a pulmonary disability, to include tuberculosis and emphysema, is denied. Service connection for a psychiatric disability is denied. ____________________________ U. R. POWELL 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.