BVA9504019 DOCKET NO. 93-11 933 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Fort Harrison, Montana THE ISSUE Entitlement to service connection for a lung disorder to include chronic obstructive pulmonary disease. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. F. Gussio, Associate Counsel INTRODUCTION The veteran had active military service from July 1960 to July 1962. This appeal to the Board of Veterans' Appeals (Board) arises from a July 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Fort Harrison, Montana. The veteran, at various times during his appeal, has raised claims for service connection for defective vision, defective hearing, radiation exposure and non- service-connected pension benefits. These claims have not been developed for appellate review and are referred to the RO for appropriate action. The Board further notes that the veteran's request for a hearing was later withdrawn, in writing, by his representative's letter dated in March 1993. CONTENTIONS OF APPELLANT ON APPEAL The veteran, in effect, contends that his lung disorder to include chronic obstructive pulmonary disease first became manifest in 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. 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's claim for service connection for a lung disorder to include chronic obstructive pulmonary disease is not well-grounded. FINDING OF FACT It is not shown that the veteran had a chronic lung disorder in service or that he currently has a lung disorder that is related to service or to a service connected disability. CONCLUSION OF LAW The veteran has not presented evidence of a well-grounded claim for service connection for a lung disorder to include chronic pulmonary obstructive disease. 38 U.S.C.A. §§ 1131, 5107(a); (West 1991); 38 C.F.R. § 3.303 (1994). REASONS AND BASES FOR FINDING AND CONCLUSION A threshold question to be answered with any claim is whether the veteran has presented evidence of a well-grounded claim. If the claim is not well grounded, the appeal must fail; and there is no VA duty to assist the claimant because such additional development would be futile. 38 U.S.C.A. § 5107 (a)(West 1991). To establish service connection, it must be shown that the claimed disorder exists and was incurred in or aggravated by active military service or is secondary to a service-connected disability. 38 U.S.C.A. § 1131 (West 1991); 38 C.F.R. §§ 3.303, 3.310(a). In other words, both the existence of a disability and a nexus to service must be shown. The service medical records reveal that the veteran was seen for an upper respiratory infection in November. In September 1961, he was seen with complaints of a runny nose and non-productive cough. Physical examination revealed the chest and lungs were clear, bilaterally. The impression was an upper respiratory infection. In October 1961, he was seen for a congested throat. It was stated that his cold symptoms had not cleared from the previous month. On examination, the chest and lungs were clear, bilaterally. A Chest X-ray was normal. The impression was upper respiratory infection versus bronchitis. Later that month, his cough was said to be "clearing." On the separation examination in May 1962, the veteran reported no complaints of a lung condition. Clinical evaluation revealed the lungs and chest were normal. The chest X-ray was normal. Private physician and hospital treatment records from December 1969 to May 1982 reveal no clinical findings or complaints of a lung disorder. The veteran was hospitalized in May 1982 at Billings Deaconess Hospital because of a blunt abdominal trauma when a trailer he was working on fell from a jack striking him across the upper abdomen. The dismissal summary, dated in June 1982, contains no findings of a chronic respiratory disorder. VA outpatient treatment and hospital records reveal that when the veteran underwent pulmonary testing in August and September 1991, the clinical interpretation was mild obstructive airways disease. In March 1992, the veteran was hospitalized. The pertinent diagnosis was chronic obstructive pulmonary disease. In July 1992, chronic obstructive disease and bronchitis and cigarette abuse were diagnosed. The veteran's service medical records revealed treatment for an upper respiratory infection with complaints of coughing in November 1960 and October 1961, but subsequent clinical testing showed no evidence of a chronic lung disorder. On the separation examination in May 1962, there were no clinical findings or complaints of a lung disorder. Thus, the existence of a chronic lung disorder was not present in service. The first clinical findings of a chronic lung disorder are reported in VA medical records dated in August and September 1991, approximately 30 years after the veteran's discharge from service. In order for the veteran to be granted service connection for his claimed disability, he must submit supporting evidence both of a service-connected disease or injury and a present disability which is attributable to such disease or injury. Rabideau v. Derwinski, 2 Vet.App. 141, 143 (1992); see also Tirpak v. Derwinski, 2 Vet. App. 609 (1992). Here, the veteran has not presented evidence that he had a chronic lung disorder in service or that he currently has a lung disorder that is related to service. Although the veteran claims that his current lung disorder first became manifest in service, he is a lay person and is not competent to comment authoritatively on medical causation or diagnosis. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). Moreover, lay assertions of medical causation cannot constitute evidence to render a claim well grounded under 38 U.S.C.A. § 5107(a). Grottveit v. Brown, 5 Vet.App. 91, 92-92 (1993). In sum, without a showing of a nexus between the veteran's current claimed disability and service, his claim for service connection for a lung disorder to include chronic obstructive pulmonary disease is not well-grounded. ORDER The veteran's claim for service connection for a lung disorder with chronic obstructive pulmonary disease is not well-grounded and is dismissed. JOHN E. ORMOND 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.