Citation Nr: 18147534 Decision Date: 11/06/18 Archive Date: 11/05/18 DOCKET NO. 16-37 949 DATE: November 6, 2018 ORDER Entitlement to a compensable rating for hypertension is denied. Entitlement to service connection for a sinus disorder is denied. Entitlement to service connection for a respiratory disorder is denied. Entitlement to service connection for a heart disorder is denied. Entitlement to service connection for a stomach disorder is denied. Entitlement to service connection for an eye disorder is denied. Entitlement to service connection for vertigo is denied. Entitlement to service connection for residuals of a traumatic brain injury (TBI) is denied. FINDINGS OF FACT 1. The Veteran’s hypertension has not been manifested by systolic pressure predominantly 160 or more, or diastolic pressure predominantly 100 or more. 2. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a sinus disorder other than allergic rhinitis. 3. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a respiratory disorder. 4. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a heart disorder. 5. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a stomach disorder other than gastroesophageal reflux disease (GERD) and hiatal hernia. 6. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of an eye disorder. 7. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a vestibular disorder. 8. The preponderance of the evidence is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of TBI residuals. CONCLUSIONS OF LAW 1. The criteria for a compensable rating for hypertension have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.104, Diagnostic Code 7101 (2018). 2. The criteria for service connection for a sinus disorder have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 3. The criteria for service connection for a respiratory disorder have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 4. The criteria for service connection for a heart disorder have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 5. The criteria for service connection for a stomach disorder have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 6. The criteria for service connection for an eye disorder have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 7. The criteria for service connection for vertigo have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 8. The criteria for service connection for TBI residuals have not been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 1984 to February 2014. These claims come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions dated in April 2014 and March 2015 of the Department of Veterans Affairs (VA). Increased Rating Disability ratings are determined by comparing a Veteran’s present symptoms with criteria set forth in VA’s Schedule for Rating Disabilities, which is based on average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. Part 4. The Board will consider entitlement to staged ratings to compensate for times since filing the claim when the disability may have been more severe than at other times during the course of the claim on appeal. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). When a question arises as to which of two ratings applies under a particular diagnostic code, the higher rating is assigned if the disability more closely approximates the criteria for the higher rating. Otherwise, the lower rating is assigned. 38 C.F.R. § 4.7. After consideration of the evidence, any reasonable doubt remaining is resolved in favor of the Veteran. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3. 1. Entitlement to a compensable rating for hypertension. The Veteran’s hypertension is rated under Diagnostic Code 7101. Under that code, a 60 percent rating requires diastolic pressure predominantly 130 or more. A 40 percent rating requires diastolic pressure predominantly 120 or more. A 20 percent rating requires diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more. A 10 percent rating requires diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; use of continuous medication required for control with a history of diastolic pressure predominantly 100 or more. The Veteran is not entitled to a compensable rating for hypertension. At the October 2013 VA examination, his blood pressure readings were 130/80, 128/86, and 126/80. Additional readings contained in the record show blood pressure of 130/86, 122/88, 120/82, 146/90, 148/96, and 144/74. Although elevated blood pressure readings of 149/99 and 140/100 were noted in June 2015, the weight of the evidence indicates that the Veteran’s diastolic pressure has been predominantly less than 100. See July 2016 SOC. Systolic pressure predominantly 160 or more or diastolic pressure 100 or more simply has not been shown. The Board has considered whether the Veteran’s disability would warrant a higher rating under any other relevant diagnostic code and found that none are applicable. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service 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 for a disability requires evidence of: (1) a current disability; (2) a disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). 2. Entitlement to service connection for vertigo, TBI residuals, and sinus, respiratory, heart, stomach, and eye disorders. The Veteran asserts that he has sinus, respiratory, heart, stomach, eye, and vestibular disorders related to service, as well as residuals of an in-service TBI. He underwent a separation health assessment and VA respiratory, heart, esophageal, stomach, and eye examinations in November 2013. The examiner was unable to diagnose current respiratory, heart, or vestibular disorders due to the absence of pathologies. Suspect glaucoma was noted, but no confirmed diagnosis of an eye disorder was made. The Board notes diagnoses of upper respiratory infections in May 2014 and January 2017 which appear to have resolved. Regarding a sinus disorder, a November 2013 VA examination report indicates no current diagnosis. However, a subsequent examination in June 2016 diagnosed allergic rhinitis. Service connection is already in effect for the disability. With respect to a stomach disorder, GERD and hiatal hernia were diagnosed, for which the Veteran has already received service connection. A June 2016 colonoscopy report indicates no diagnosis of a stomach disorder. Turning to the claimed TBI residuals, the Veteran was afforded a VA examination in December 2013. The examiner noted an in-service TBI in 1986, but found that the condition had resolved with no ongoing symptoms and no cognitive disorder. There were no subjective symptoms, neurobehavioral effects, or complaints of impairment of memory, attention, concentration, or executive functions. The examiner observed normal judgment, social interaction, orientation, motor activity, visual spatial orientation, communication, and consciousness. Service connection may only be granted for a current disability; when a claimed condition is not shown, there may be no grant of service connection. See 38 U.S.C. § 1131; Rabideau v. Derwinski, 2 Vet. App. 141 (1992). In the absence of proof of a present disability, there can be no valid claim for service connection. See Degmetich v. Brown, 104 F.3d 1328 (1997); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). The requirement that a current disability be present is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim, even if the disability resolves prior to the adjudication of the claim. See McClain v. Nicholson, 21 Vet. App. 319 (2007). The Veteran is not entitled to service connection for vertigo, TBI residuals, or sinus, respiratory, heart, stomach, or eye disorders, because there is no competent evidence of a current disability that is not already service connected. The Veteran has not submitted medical evidence showing any such diagnosis. In the August 2016 Form 9, he indicates treatment for possible irritable bowel syndrome, but his medical treatment records are silent for any relevant symptoms or diagnosis. The negative medical evidence outweighs the Veteran’s lay opinion with respect to the presence of current disabilities. In the absence of evidence of current disabilities, his claims must be denied. K. A. KENNERLY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Alhinnawi, Associate Counsel