BVA9504284 DOCKET NO. 93-08 635 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUE Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD S. D. Regan, Associate Counsel INTRODUCTION The veteran had active service from April 1971 to October 1971. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a July 1992 rating decision of the St. Paul, Minnesota Regional Office (hereinafter "the RO") which, in pertinent part, denied service connection for an acquired psychiatric disorder. The veteran has been represented throughout this appeal by the Disabled American Veterans. The veteran has advanced contentions on appeal which the Board has construed as a claim of entitlement to a permanent and total rating for pension purposes. As this issue has neither been developed nor certified for review on appeal, it is referred to the RO for appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran asserts on appeal that the RO erred in denying service connection for an acquired psychiatric disorder. The veteran contends, essentially, that his psychiatric disorder became manifested during active 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 veteran has not submitted a well-grounded claim for service connection for an acquired psychiatric disorder. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. An acquired psychiatric disorder was not shown in service or for many years thereafter. The record contains no objective evidence showing that an acquired psychiatric disorder originated during active service. CONCLUSION OF LAW The veteran has not submitted a well-grounded claim of entitlement to service connection for an acquired psychiatric disorder. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.307, 3.309 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, it is necessary to determine if the veteran has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a) (West 1991), and if so, whether the VA has properly assisted him in the development of his claim. The United States Court of Veterans Appeals (hereinafter "the Court") has held that: A veteran claiming entitlement to VA benefits has the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well-grounded. See 38 U.S.C.A. § 5107(a) (West 1991). See Tirpak v. Derwinski, 2 Vet.App. 609, 610-611 (1992). If a claim is not well-grounded, the Board does not have jurisdiction to adjudicate that claim. Boeck v. Brown, 6 Vet.App. 14, 17 (1993). The Court has clarified that: Because a well-grounded claim is neither defined by the statute nor by the legislative history, it must be given a common sense construction. A well-grounded claim is a plausible claim, one which is meritorious on its own or capable of substantiation. Such a claim need not be conclusive but only possible to satisfy the initial burden of § 3007(a) [presently enacted as 38 U.S.C. § 5107(a) (1993)]. Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). In the instant appeal, the veteran is seeking service connection for an acquired psychiatric disorder. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by wartime service. 38 U.S.C.A. § 1110 (West 1991). Further, where a veteran served ninety days (90) or more during a period of war and a psychosis becomes manifest to a degree of 10 percent within one year from date of termination of such service, such disease shall be presumed to have been incurred in service even though there is no evidence of such disease during the period of service. This presumption is rebuttable by affirmative evidence to the contrary. 38 U.S.C.A. §§ 1101, 1112, 1113 (West 1991); 38 C.F.R. §§ 3.307, 3.309 (1993). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1993). The veteran's service medical records indicate that he cut both of his wrists in August 1971. A September 1971 report related that the veteran had attempted to feign two suicide attempts. It was noted that the most recent incident involved his drinking of bore cleaner. It was noted that as the veteran had worked in an emergency room, he knew how far to go, in this regard. An additional September 1971 report indicated that the veteran had tried to manipulate his separation from service in ways including suicidal gestures. A general discharge for defective attitude was recommended. A September 1971 psychiatric evaluation report indicated that the veteran did not present an incapacitating physical or mental disability and that the veteran had no mental or physical disability which would warrant discharge by reason of physical disability. The examiner noted that it was a routine training failure due to defective attitude. The September 1971 discharge report indicated that the veteran was discharged for defective attitude. VA treatment records dated from December 1990 to December 1991 indicated that the veteran was treated for several disorders including a psychiatric disorder. An April 1991 treatment entry noted a diagnosis of depression. A December 1991 emergency room record reported that the veteran was admitted following a suicide gesture. The veteran had a superficial laceration on the left forearm. The diagnosis was dysthymia and personality disorder. A December 1991 VA hospital discharge summary indicated that the veteran was admitted with suicidal ideation. It was noted that the veteran had been hospitalized in August 1991 for a drug overdose. The veteran reported that he had been in jail for sexual abuse, which he denied. It was also noted that the veteran indicated that he had attempted suicide twice in service by slashing his wrists and drinking gun cleaning fluid. The veteran indicated that his first psychiatric hospitalization was in the previous October or November for suicidal ideation. He also reported that he was hospitalized in August and October 1991 for drug overdoses. The veteran was not presently followed by a psychiatrist. The discharge diagnoses included adjustment disorder with depressed mood, history of alcoholism and personality disorder, provisional. A January 1992 VA hospital history of present illness report noted that the veteran apparently had a history of a drug overdose in November 1990. The veteran had four subsequent hospital admissions secondary to suicide attempts and drug overdoses. It was noted that pursuant to the most recent hospitalization, the veteran had been given a diagnosis of mixed personality disorder with borderline features. The veteran denied suicidal or homicidal ideations, but admitted feelings of low self-esteem, worthlessness and helplessness. The discharge diagnoses included dysthymia with the need to rule out pedophilia and mixed personality disorder with borderline traits. The January 1992 hospital discharge summary indicated diagnoses of adjustment disorder with conduct disturbance and mixed personality disorder with borderline features. A January 1992 social work assessment indicated that the veteran had a history of charges regarding sexual abuse. A March 1992 VA hospital discharge summary related that the veteran was hospitalized to undergo an esophogram and upper gastrointestinal series. It was noted the veteran had a history of psychiatric hospitalizations dating back to November 1990. The veteran reported that he had been depressed since the implantation of a pacemaker in October 1990. The diagnoses included dysthymia and personality disorder not otherwise specified with dependent features. A later March 1992 VA treatment entry indicated that the veteran had chronic depression and chronic thoughts of suicide. The assessment was dysthymia and borderline personality disorder. An additional March 1992 treatment record noted a diagnosis of dysthymia. VA treatment records dated from June 1992 to September 1992 indicated that the veteran was treated for disorders including his psychiatric disorder. An August 1992 entry noted the veteran had complaints of feeling depressed and expressed mildly paranoid thoughts. The diagnosis was depression, not otherwise specified. A September 1992 treatment entry indicated a diagnosis of schizoaffective disorder. The veteran underwent a VA examination in September 1992. He reported that he had been experiencing feelings of depression and suicidal thoughts. It was noted that the veteran was currently hospitalized due to suicidal propensities. As to history, it was related that the veteran had been in service for 187 days and had tried to commit suicide twice. The examiner indicated that the veteran was pleasant, oriented, alert and cooperative. His affect was appropriate with some constriction. The veteran's speech was normal in mechanics and content and his associations were coherent and relevant. The examiner noted that the veteran's intellectual functioning was grossly intact. The veteran reported that he had restless and broken sleep and denied psychotic symptoms of delusions and hallucinations. The examiner reported that the veteran had crying spells and a history of suicidal preoccupation and depression. He did not appear hallucinated. The diagnosis was dysthymia and personality disorder with borderline traits. The examiner commented that the veteran was alleged to suffer from pedophilia, but as the veteran denied this, the examiner felt that it should not be entered as a diagnosis. An October 1992 VA hospital discharge summary indicated that the veteran was admitted after reporting that he had overdosed a few days earlier. The discharge diagnoses included dysthymic disorder and mixed personality disorder. October 1992 psychological testing indicated diagnoses including dysthymia versus major depression versus adjustment disorder with depressed mood and mixed personality disorder with antisocial and borderline features. VA treatment records dated in October 1992 noted diagnoses of dysthymic disorder. In his December 1992 substantive appeal, the veteran reported that he first attempted suicide in May 1971. He reported that he was depressed over basic training. He indicated that he did not speak with a psychiatrist at that time. He also stated that he developed headaches in service following a hernia operation. He indicated that he had seen a psychiatrist during service who told him that his headaches were due to a nervous condition. He reported that he had attempted suicide a second time in service by drinking gun solvent. The veteran stated that during his discharge examination he did not have a psychiatric evaluation. In a December 1992 statement on appeal, the veteran reported that his mental condition was so bad that he would stay away from people because he was afraid he might hurt someone. He reported that he watched television for many hours and only ate junk food. The veteran stated that he was taking anti-depressant and high anxiety medications. The Board has made a careful longitudinal review of the record. It is observed that the veteran's service medical records indicate that he made two suicide gestures during service. A September 1971 psychiatric evaluation report indicated that the veteran had no mental or physical disability which would warrant discharge by reason of a physical disability. The veteran was discharged for defective attitude. A December 1991 VA hospital discharge summary noted that the veteran had his first psychiatric hospitalization in the previous October or November for suicidal ideation. The veteran had also been hospitalized in 1991 for drug overdoses. VA treatment records and hospitalization summaries dated from December 1990 to September 1992 indicated that the veteran was hospitalized for treatment of a psychiatric disorder. Diagnoses included adjustment disorder with mixed personality disorder with borderline features; depression, not otherwise specified; dysthymia and personality disorder with borderline traits and dysthymic disorder. The October 1992 VA examination report noted that the veteran had tried to commit suicide twice during service. The examiner diagnosed dysthymia and personality disorder with borderline traits. The Board notes that there is no clinical evidence indicating that the veteran's psychiatric disorder was manifested during service or originated during that period or within the one year presumptive period following service. The veteran's service medical records indicate only that the veteran had two suicide gestures during service. The service medical records made no reference to treatment for a psychiatric disorder. Upon having been psychiatrically evaluated during service, it was concluded the veteran did not have a mental disability. The first indication of treatment for a psychiatric disorder is in 1990 almost twenty years after the veteran's separation from service. The clinical evidence fails to indicate any relationship between the veteran's present psychiatric disorder and his period of service. In the absence of any objective evidence establishing that the claimed disorder originated during active service, the Board finds that the veteran's claim for service connection for an acquired psychiatric disorder is not plausible and therefore not well-grounded and should be dismissed. ORDER The claim for service connection for an acquired psychiatric disorder is dismissed. JEFF MARTIN 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.