Citation Nr: 18149391 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 16-45 939 DATE: November 9, 2018 ORDER Entitlement to service connection for kidney stones is denied. FINDING OF FACT The Veteran does not have a current diagnosis of kidney stones. CONCLUSION OF LAW The criteria for service connection for kidney stones are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the U.S. Air Force from January 2008 to December 2014. Entitlement to service connection for kidney stones. Service connection may be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred or aggravated in active military service. This means that the facts establish that an injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if pre-existing such service, was aggravated therein. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff’d per curiam, 78 F.3d 604 (Fed. Cir. 1996). Service connection may also be granted through the application of statutory presumptions for a chronic condition such as kidney stones. See 38 C.F.R. §§ 3.303(b), 3.309(a); see also 38 U.S.C. § 1101. First, a claimant may benefit from a presumption of service connection where a chronic disease has been shown during service. 38 C.F.R. § 3.303(b). In the alternative, if a chronic disease was not shown in service, but manifested to a degree of 10 percent or more within some specified time after separation from active service, such disease shall be presumed to have been incurred or aggravated in service, even if there is no evidence of such disease during service. 38 U.S.C. § 1112; 38 C.F.R. § 3.307(a)(3). The application of these presumptions operates to satisfy the “in-service incurrence or aggravation” element and establish a nexus between service and a present disability, which must be found before entitlement to service connection can be granted. When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C. § 5107(b). Here, the Veteran experienced episodes of kidney stones after returning from deployment in August 2010 and, again in November 2010. He sought treatment and in December 2010 underwent a lithotripsy (kidney stone removal.) Following the procedure, physicians noted that his recovery was uneventful, and no recurrence of symptoms was shown. Later records showed his condition as stable with no further episodes or newly reported symptoms. In April 2013, an aeromedical summary was conducted and the flight surgeon noted that although kidney stones disqualified him for flying duties, the Veteran reported no new symptoms and could perform his duties without difficulty or delay. In addition, the Veteran has not asserted that his kidney stones recurred within one year of discharge from service. VA treatment records only showed a VA audiological exam and no treatment for any other condition, including kidney stones. Although it is clear the Veteran experienced kidney stones during service, the evidence of record fails to show a current diagnosis or residuals of his in-service condition. The Veteran’s post-service treatment records are negative for any reports or diagnoses of kidney stones within one year of his discharge. Additionally, the Veteran has not alleged that he had kidney stones within one year of discharge. In his substantive appeal, the Veteran indicated that kidney stones are considered a chronic condition and he should be awarded service connection on a presumptive basis. However, as noted above, the presumption only extends itself to the in-service and nexus requirements of service connection. The evidence must still show a current diagnosis, which in this case, it does not. Following the episodes in 2010, the Veteran’s service and post-service treatment records do not show any recurrence of symptoms. Moreover, the Veteran has not submitted any medical evidence showing his condition returned or he experienced any residuals from the episodes during service. After a careful review of the evidence of record, the Board finds that the preponderance of the evidence is against the Veteran’s claim for entitlement to service connection for kidney stones. In making this determination, the Board highlights that the first element required for service connection is the existence of a current disability. If the Veteran later has a recurrence of kidney stones or residuals of treatment for kidney stones, he is invited to apply again for service connection. Thus, the appeal must be denied. There is no reasonable doubt to be resolved in this case. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Price, Associate Counsel