BVA9504262 DOCKET NO. 92-13 908 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES Entitlement to service connection for a low back disorder. Entitlement to service connection for a left hip disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Michael Martin, Counsel INTRODUCTION The veteran had active service from March 1989 to September 1990. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of April 1991 by the Department of Veterans Affairs (VA) Chicago, Illinois, Regional Office (RO). The Board notes that the veteran's representative has raised a claim for service connection for hearing loss. The Board refers that claim to the RO for any appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that the RO made a mistake by denying his claim for service connection for a low back disorder and a left hip disorder He asserts that he developed a left hip disorder and a low back disorder during 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 preponderance of the evidence is against both of the veteran's claims. FINDINGS OF FACT 1. The veteran does not currently have a low back disorder. 2. The veteran does not currently have a left hip disorder. CONCLUSIONS OF LAW 1. A low back disorder was not incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991). 2. A left hip disorder was not incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board has found that the veteran's claims are "well-grounded" within the meaning of 38 U.S.C.A. § 5107 (West 1991). That is, his claims are not inherently implausible. The Board is also satisfied that all relevant facts have been properly developed. The evidence which has been obtained includes the veteran's service medical records, and his post service medical treatment records. The veteran has been afforded a VA disability evaluation examination and a hearing. The Board does not know of any additional evidence which is available. Therefore, no further assistance to the veteran with the development of evidence is required. I. Entitlement to Service Connection for a Low Back Disorder. In general, service connection may be granted for disability due to disease or injury incurred in or aggravated by service. See 38 U.S.C.A. § 1110, 1131 (West 1991). During a hearing held in April 1992, the veteran testified that he developed back and hip pain during service. The veteran's service medical records show that in May 1990 the veteran reported a complaint of left hip and sacroiliac joint pain and tenderness of insidious onset of one month's duration. Examination of the back revealed a full range of motion with minimal pain. There was no discoloration, deformity, soft tissue swelling, or spasm. Kyphotic curvature was normal, lordotic curvature was normal, and straight leg raising was negative. The left leg was 2 cm shorter than the right leg. There was mild tenderness over the sacroiliac joint area without radiation. The symptoms eased and posture corrected with manipulation. Neurological examination revealed that deep tendon reflexes were 2+/4+ without paresthesia. The assessment was sacroiliac joint dysfunction. An X-ray was interpreted as revealing probable old minimal fracture anterior superior aspect of body of L1, and spina bifida occulta at S1. A service medical record dated in August 1990 shows that the veteran reported that he had been having intermittent pain since he was seen in May 1990. Examination of the back revealed that there was a full range of motion with minimal pain. There was no discoloration, deformity, soft tissue swelling, or spasm. Kyphotic curvature and lordotic curvature were normal. Straight leg raising was negative. There was tenderness over the left hip area without radiation. Toe and heel walking reportedly caused pain. There was a positive "heel drop and tap". Percussion of left "G. Troc" was painful. The assessment was possible stress fracture. An X-ray of the left hip was taken and was interpreted as being within normal limits. A service medical record dated later in August 1990 shows that the veteran was seen for a follow up regarding his hip pain. It was noted that X-rays had been negative. The veteran reported that his hip pain was now constant. The assessment was hip pain. It was noted that the veteran was scheduled for physical therapy. A service physical therapy clinic record dated in September 1990 shows that the veteran reported that he was having pain at night and pain radiating down his lower extremity. Following examination, the assessment was "? disc bulge". A report of medical history given by the veteran later in September 1990 for the purpose of his separation from service shows that he gave a history of having recurrent back pain and bone, joint, or other deformity. A report of a medical examination conducted at that time shows that the clinical evaluation of the veteran's spine and other musculoskeletal features was normal. After his separation from service, the veteran filed a claim with the VA for disability compensation in December 1990. A report of a disability evaluation examination conducted by the VA in January 1991 shows that the veteran reported that he had constant hip and back pain and was unable to sleep at night. He gave a history of the pain developing during service. He stated that he was not receiving any treatment or medication. Examination revealed that vertebral alignment of the back was normal. There was no paraspinal spasm, and no localized tenderness. The patient had a full range of motion. The veteran was able to walk on his heels and toes. He could squat completely. The size, contour, and muscular development were normal. He was able to bring both knees to the chest without difficulty. There was no swelling, tenderness or deformity about the left hip. He had a full range of motion. The ligaments were intact. No crepitus or grating was noted on manipulation of the left hip area. The diagnoses were (1) history of possible stress fracture and partial dislocation of the left hip, symptomatic, no abnormalities noted on examination, and (2) low back pain by history with no abnormalities noted on examination. An X-ray of the veteran's lumbosacral spine was interpreted as revealing a normal lumbosacral spine. An X-ray of the veteran's left hip was interpreted as revealing no evidence of fracture, dislocation, or other bone or joint pathology. A letter dated in November 1993 from the veteran's chiropractor, W. M. Holland, DC, contains the following information: I have provided chiropractic medical treatment to [the veteran] intermittently since 1977. Following is a yearly listing of dates of services: 1977 8 dates of treatment 1978 15 dates of treatment 1984 5 dates of treatment 1991 14 dates of treatment 1992 2 dates of treatment As you can see, the service dates are widely scattered and are all instances of episodic need for spinal pain problems, sometimes due to a recalled incident of injury, sometimes non-specific. Physical findings in all of the examination procedures were essentially normal. Neurology findings were normal as were orthopedic findings, with the exception of some muscular tightness in the lower back and the finding of an anatomical 12 millimeter shortness of the left leg. No evidences of physical impairment or permanent disability were found in any of the examinations I conducted. The United States Court of Veterans Appeals has held that in the absence of proof of a present disability there can be no valid claim. See Rabideau v. Derwinski, 2 Vet.App. 141 (1992), in which the Court of Veterans Appeals held that even if there were elevated blood pressure readings during service which represented the onset of hypertension, service connection was not warranted where there was a total lack of evidence of any hypertension since service. See also Brammer v. Derwinski, 3 Vet.App. 223, 225 (1992). That case involved a claim for compensation for spinal meningitis and residuals of frozen feet. The Court affirmed the denial of the claims, noting that, In neither the claim concerning spinal meningitis nor the "new" claim concerning frozen feet has the appellant produced any evidence, medical or otherwise, that would tend to show a presently existing disability stemming from either spinal meningitis or frozen feet. He apparently is of the belief that he is entitled to some sort of benefit simply because he had a disease or injury while on active service. That, of course, is mistaken. Congress specifically limits entitlement for service-connected disease or injury to cases where such incidents have resulted in a disability. See 38 U.S.C. § 1110 (formerly § 310). In the absence of a present disability there can be no valid claim. As in the cases which were before the Court, the evidence in this case shows that the veteran does not currently have a low back disorder. Both the VA examiner and the veteran's private chiropractor concluded that examination does not reveal a back disability. Accordingly, the Board concludes that a back disorder was not incurred in or aggravated by service. II. Entitlement to Service Connection for a Left Hip Disorder. The evidence pertaining to the left hip disorder is summarized above along with the evidence pertaining to the back disorder. The same analysis which was discussed above applies to the veteran's claim for service connection for a left hip disorder. Although the veteran was treated for left hip pain during service, the post service medical evidence shows that he does not currently have a left hip disorder. In the absence of proof of a present disability, the claim must fail. Accordingly, the Board concludes that a left hip disorder was not incurred in or aggravated by service. ORDER Service connection for a low back disorder is denied. Service connection for a left hip disorder is denied. WARREN W. RICE, JR. 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.