Citation Nr: 18140127 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-16 530 DATE: October 2, 2018 ORDER Service connection for hypermetropia and astigmatism (claimed as a decreased vision condition) is denied. Service connection for asthma is denied. Service connection for an acquired psychiatric disorder, to include anxiety disorder and posttraumatic stress disorder (PTSD), is denied. FINDINGS OF FACT 1. The Veteran is currently diagnosed with hypermetropia and astigmatism; the Veteran did not sustain a superimposed disease or injury to the eyes that caused additional disability during service. 2. The Veteran is currently diagnosed with asthma; the currently diagnosed asthma is not the result of an injury sustained in, or otherwise etiologically related to, active service, or to an injury sustained during any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) service. 3. The Veteran is currently diagnosed with anxiety disorder; the currently diagnosed anxiety disorder was not incurred in, or otherwise etiologically related to, active service, or to any injury sustained during any period of ACDUTRA or INACDUTRA service; the Veteran is not currently diagnosed with PTSD. CONCLUSIONS OF LAW 1. The criteria for service connection for hypermetropia and astigmatism have not been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304. 2. Asthma was not incurred in active service or Reserve service. 38 U.S.C. §§ 101, 1110, 1133, 5103, 5103A, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.159, 3.303, 3.304. 3. An acquired psychiatric disorder, to include anxiety disorder and PTSD, was not incurred in active service or Reserve service. 38 U.S.C. §§ 101, 1110, 1133, 5103, 5103A, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.159, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran, who is the appellant, served on active duty from February 2011 to July 2011, and had ACDUTRA service with the Marine Corps Reserves from August 1, 2012 to August 2, 2012. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). “Active military, naval, or air service” includes any period of ACDUTRA during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, or any period of INACDUTRA during which the individual concerned was disabled or died from injury incurred in or aggravated in line of duty. See 38 U.S.C. § 101(21), (24); 38 C.F.R. § 3.6(a), (d); Biggins v. Derwinski, 1 Vet. App. 474, 477 78 (1991). ACDUTRA is defined as full-time duty in the Armed Forces performed by Reserves for training purposes, and includes full-time duty performed by members of the National Guard of any State. 38 U.S.C. § 101(22); 38 C.F.R. § 3.6(c)(1). Service connection for INACDUTRA is permitted only for injuries, not diseases, incurred or aggravated in line of duty. See Brooks v. Brown, 5 Vet. App. 484, 485 (1993). VA’s General Counsel has interpreted that it was the intention of Congress when it defined active service in 38 U.S.C. § 101(24) to exclude inactive duty training during which a member was disabled or died due to nontraumatic incurrence or aggravation of a disease process. See VAOPGCPREC 86-90. 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). Service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in service disease or injury and the current disability. The Veteran is currently diagnosed with astigmatism, asthma, and anxiety disorder, which are not “chronic diseases” under 38 C.F.R. § 3.309(a). Therefore, the presumptive provisions of 38 C.F.R. § 3.303(b) for “chronic” in-service symptoms and “continuous” post service symptoms do not apply to the period of active duty service from February 2011 to July 2011. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Presumptive periods do not apply to ACDUTRA or INACDUTRA service. See Biggins, 1 Vet. App. at 447 78. 1. Service connection for hypermetropia and astigmatism (claimed as a decreased vision condition) The Veteran asserts that service connection for hypermetropia and astigmatism is warranted. The Veteran argues that he experienced a decline in vision during Reserve service related to environmental exposure that has resulted in the need for prescription glasses for refractory error. See April 2016 VA Form 9. For purposes of entitlement to benefits, the law provides that refractive errors of the eyes are developmental defects and not a disease or injury within the meaning of applicable legislation. 38 C.F.R. §§ 3.303(c), 4.9. In the absence of a superimposed disease or injury, service connection may not be allowed for refractive error of the eyes, including hypermetropia and astigmatism, even if visual acuity decreased in service, as this is not a disease or injury within the meaning of applicable legislation relating to service connection. 38 C.F.R. §§ 3.303(c), 4.9. Thus, VA regulations specifically prohibit service connection for refractory errors of the eyes unless such defect was subjected to a superimposed disease or injury which created additional disability. See VAOPGCPREC 82-90 (service connection may not be granted for defects of congenital, developmental or familial origin, unless the defect was subject to a superimposed disease or injury). After reviewing all the lay and medical evidence of record, the Board finds that the weight of the evidence shows that the Veteran was diagnosed with hypermetropia and regular astigmatism during service, but did not sustain a superimposed injury to the eyes that caused additional disability. A February 2011 service treatment record reflects the Veteran reported for boot camp vision screening and was diagnosed with hypermetropia and astigmatism. Service treatment records throughout active service and Reserve service do not show that the Veteran complained or was treated for any injury to the eyes that caused additional disability. Based on the foregoing evidence, the Board finds that the weight of the evidence demonstrates that the Veteran does not currently have an eye disability for VA compensation purposes. The evidence shows that the Veteran has refractive errors and congenital defects of the eyes, which by regulatory definition are not disabilities. 38 C.F.R. §§ 3.303(c), 4.9. Moreover, the evidence demonstrates that the Veteran did not sustain a superimposed disease or injury to the eyes during service that created additional disability; thus, the current refractive errors and congenital defects of the eyes are not subject to service connection. For these reasons, the Board finds that a preponderance of the evidence is against the claim for service connection for hypermetropia and astigmatism. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 2. Service connection for asthma The Veteran asserts that he experienced a severe asthma attack during Reserve service that required hospitalization and has continued to experience routine asthma attacks. See April 2016 VA Form 9. Initially, the Board finds that the Veteran is currently diagnosed with asthma; VA treatment records throughout the relevant claim period on appeal reflect diagnosis and treatment for asthma. After a review of all the lay and medical evidence of record, the Board finds that the currently diagnosed asthma did not have its onset during active or ACDUTRA service. Service treatment records during the period of active service from February 2011 to July 2011 do not reflect any in-service complaints, symptoms, diagnosis, or treatment for asthma or related symptoms. A March 2011 service treatment record shows the Veteran denied pulmonary symptoms; moreover, a January 2014 service treatment record, after all periods of relevant active and ACDUTRA service, reflects the Veteran continued to deny a history of asthma or any breathing problems. Instead, a November 2014 VA treatment record shows the Veteran was admitted to the hospital with complaints of wheezing and cough that started at the end of October that had acutely worsened that day leading up to the hospital admission. The Veteran reported using a friend’s inhaler when he first started experiencing symptoms in the prior month, but had not previously been diagnosed with asthma himself. The November 2014 VA treatment record demonstrates that the currently diagnosed asthma did not have its onset during active service from February 2011 to July 2011, or during ACDUTRA service from August 1, 2012 to August 2, 2012. Additionally, service treatment records do not show, nor does the Veteran assert, sustaining any injury during INACDTURA service that caused the currently diagnosed asthma. For these reasons, the Board finds that a preponderance of the evidence is against the claim for service connection for asthma. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. 3. Service connection for an acquired psychiatric disorder, to include anxiety disorder and posttraumatic stress disorder (PTSD) Service connection for PTSD requires the following three elements: (1) a current medical diagnosis of PTSD (presumed to include the adequacy of the PTSD symptomatology and the sufficiency of a claimed in-service stressor in accordance with DSM-V), (2) credible supporting evidence that the claimed in-service stressor(s) actually occurred, and (3) medical evidence of a causal relationship between current symptomatology and the specific claimed in-service stressor(s). See 38 C.F.R. § 3.304 (f). In adjudicating a claim for service connection for PTSD, the Board is required to evaluate evidence based on places, types, and circumstances of service, as shown by the veteran’s military records and all pertinent medical and lay evidence. Hayes v. Brown, 5 Vet. App. 60, 66 (1993); see also 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.304 (f). The evidence necessary to establish the occurrence of an in-service stressor for PTSD will vary depending on whether or not the veteran “engaged in combat with the enemy.” Id. The Veteran generally contends that service connection for an acquired psychiatric disorder, to include anxiety disorder and PTSD, is warranted due to increased psychiatric symptoms since being hospitalized for asthma and following discharge from Reserve service. See April 2016 VA Form 9. Initially, the Board finds the Veteran is currently diagnosed with anxiety disorder. See e.g. July 2015 VA treatment record. The Board further finds that the Veteran does not have a current DSM-V diagnosis for PTSD. See e.g. April 2015 VA treatment record (reflecting no history of traumatic experience or combat); May 2015 VA treatment record (reflecting negative findings for PTSD or trauma-based disorders). Next, the Board concludes that, while the Veteran has a current diagnosis of generalized anxiety disorder, the preponderance of the evidence weighs against finding that the Veteran’s diagnosis of anxiety disorder began during active service from February 2011 to July 2011, or during ACDTURA service from August 1, 2012 to August 2, 2012, or is otherwise related to military service. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. § 3.303(a), (d). Service treatment records do not reflect any complaints, symptoms, diagnosis, or treatment for psychiatric symptoms during active or ACDUTRA service. Further, November 2014 VA treatment records involving the Veteran’s hospitalization for asthma reflect the earliest reports of psychiatric symptoms. A November 2014 VA treatment record shows the Veteran endorsed increased anxiety due being hospitalized and exhibited good results after anxiety medication was administered. An April 2015 VA treatment record reflects the earliest diagnosis for generalized anxiety disorder, which was several years after separation from active service in July 2011, and ACDUTRA service in August 2012. As the evidence of record does not contain any competent medical opinion establishing a medical nexus between the current anxiety disorder and an injury, event, or disease during service, the Board finds that the criteria for service connection for an acquired psychiatric disorder, to include anxiety disorder and PTSD, have not been met. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Choi, Associate Counsel