Citation Nr: 18145063 Decision Date: 10/26/18 Archive Date: 10/25/18 DOCKET NO. 18-19 030 DATE: October 26, 2018 ORDER Entitlement to service connection for a bladder infection is denied. Entitlement to service connection for residuals/complications of pregnancy is denied. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is denied. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a bladder infection. 2. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of any residuals or complications associated with the Veteran's pregnancy during service. 3. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of an acquired psychiatric disorder. CONCLUSIONS OF LAW 1. The criteria for service connection for a bladder infection are not met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017). 2. The criteria for service connection for residuals/complications of pregnancy are not met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017). 3. The criteria for service connection for an acquired psychiatric disorder, to include PTSD, are not met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a), 3.304(f) (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty from March 1958 through October 1959. Service Connection In general, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110 (2012); 38 C.F.R. § 3.303 (a) (2017). Service connection requires evidence showing the following elements: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). 1. Entitlement to service connection for a bladder infection. The Veteran contends in her October 2015 claim and other claims submissions that she had a bladder infection during active duty service in 1959. Consistent with the same, the service treatment records in the file do include notes and records for treatment of a urinary tract infection and moniliasis of the cervix from May through October of 1959. According to the records, the Veteran's treatment included hospitalization in September 1959, during which the Veteran was treated with high dosages of Methionine and Mandelamine. An October 1959 service treatment record notes that the Veteran's infection cleared during the hospitalization. Significantly, the Veteran does not appear to contend that she has any infections or other residuals that have been ongoing through the appeal period. To that end, she admits in her March 2018 substantive appeal that her in-service infection "went away" with medications and does not raise any assertions regarding any ongoing infections or residuals. Indeed, there is no evidence of any ongoing medical treatment for any infections, nor has the Veteran directed VA's attention to any current or ongoing treatment. The records show that the Veteran was scheduled to undergo a VA examination to ascertain whether she has any ongoing infections or residuals that might be related to her in-service infection. January 2017 notes from the agency of original jurisdiction (AOJ) that are associated with the claims file show that the Veteran refused the examination. Perhaps as further indication that the Veteran does not have any ongoing infections or other residuals, the Veteran remarked in her March 2017 Notice of Disagreement (NOD), "I cannot see how an examination of my bladder after some 50 yrs would be of value in determining my bladder condition then and now." VA's duty to assist veterans is not always a "one-way street." In other words, a veteran seeking help cannot passively wait for it in those circumstances where he or she may or should have information that is essential in obtaining putative evidence. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Here, where the Veteran has refused the scheduled VA examination and has not made any renewed request for an examination, the Board will proceed to adjudicate the matter based on the evidence that is already of record. The evidence shows that the Veteran has not had an ongoing infection or residual at any time during the appeal period since October 2015. The first basic element for service connection under 38 C.F.R. § 3.303 (a), that the evidence shows the existence of a present disability, is not met. The Veteran is not entitled to service connection for a bladder infection. To that extent, this appeal is denied. 2. Entitlement to service connection for residuals/complications of pregnancy. The Veteran contends also that she was pregnant during service and that she experienced ongoing post-service residuals and complications that were related to the pregnancy. It is unclear from her claims submissions as to what residuals and complications that she is claiming. Primarily, she seems to assert that the aforementioned in-service bladder infection was a complication that was related to her pregnancy. As discussed above, however, there is no indication in the record that the Veteran has had any ongoing or current infections or other residuals during the appeal period. The Veteran also appears to assert in her claims submissions that she developed symptoms of anxiety and depression which caused her to self-medicate with alcohol and phenobarbital. To the extent that the Veteran claims entitlement to service connection for an acquired psychiatric disorder, that claim is treated as a separate issue on appeal and is discussed more fully in the following section. Subject to the above, the service treatment records do show that the Veteran was roughly 16 to 18 weeks pregnant at the time of her separation from service. The Veteran relates credibly that she had a stillborn delivery after her separation from service. Still, there is no indication in the records that the Veteran has, at any time during the appeal period since October 2015, experienced any continuing physical complications or residuals that are related to her in-service pregnancy and/or post-service delivery. Again, a VA examination was arranged for the Veteran to ascertain her present medical condition and to determine whether she has any continuing residuals that might be associated with her in-service pregnancy. The Veteran refused the examination and has not made any request to reschedule the examination. Pursuant to the duty to assist principles outlined in Wood, the Board will consider the issue based on the evidence already of record. Wood, 1 Vet. App. at 193 (1991). The evidence shows that the Veteran has not had any ongoing residual conditions that are related to her in-service pregnancy. Again, the first basic element for service connection under 38 C.F.R. § 3.303 (a) is not met. The Veteran is not entitled to service connection for residuals/complications of pregnancy. To that extent, this appeal is denied. 3. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. As the Board alluded above, the Veteran contends that she experienced anxiety and depression symptoms as a result of her in-service pregnancy and post-service stillborn delivery. She relates in a November 2016 PTSD stressor statement that her mother took her to see her doctor for her anxiety and that she was given phenobarbital. She relates in her claims submissions that she developed a temporary dependence on phenobarbital and that she also self-medicated her anxiety with alcohol. Notably, the Veteran alleges vaguely in her claim that she was the victim of military sexual trauma, but does not raise any specific allegations of in-service sexual trauma. Instead, she alleges that the father of her stillborn child, who was reportedly a medic at the hospital where she was treated during service for her infection, gave her an unspecified medication in an alleged attempt to induce stillbirth and possibly harm her as well. Notwithstanding the Veteran's assertions, the evidence shows that the Veteran had not had any ongoing psychiatric disorders during the appeal period from October 2015. To that end, there is no evidence in the record of any current mental health treatment or findings, much less, a diagnosis of a current or ongoing mental health disorder. The Veteran has not reported or identified any mental health treatment providers. Indeed, she seems to acknowledge in her own statements that she does not have a current mental health disorder. In a November 2016 statement, she related that she is currently " a well-adjusted grandmother, I live with my daughter and her daughter, my granddaughter. We get along well and I've put all the negative part of my life to rest." In her March 2017 NOD, she seems to clarify that she is not claiming that PTSD (or any other psychiatric disorder) is a current problem. Instead, she states her own belief that she had PTSD for seven years after her separation from service. Arrangements were made for the Veteran to undergo a VA mental health examination to determine whether she has any current mental health disorders that might be related to any in-service stressors or other events, to include her in-service pregnancy and events surrounding her relationship with the father of her stillborn child. Nonetheless, the Veteran refused the examination and has not requested that the examination be rescheduled. The Board will consider the issue based on the evidence of record. Wood, 1 Vet. App. at 193 (1991). The evidence shows that the Veteran has not had any ongoing acquired psychiatric disorders at any time during the appeal period from October 2015. The first basic element for service connection for an acquired psychiatric disorder under 38 C.F.R. § 3.303 (a) is again not met. (Continued on the next page)   The Veteran is not entitled to service connection for an acquired psychiatric disorder, to include PTSD. To that extent also, this appeal is denied. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D.S. Lee, Counsel