Citation Nr: 18150449 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 17-05 770A DATE: November 15, 2018 ORDER Entitlement to service connection for diabetes mellitus is denied. Entitlement to service connection for glaucoma, to include as secondary to diabetes mellitus, is denied. Entitlement to service connection for a respiratory allergies disability, to include as due to herbicide exposure, is denied. Entitlement to service connection for a heart disability, to include as due to herbicide exposure, is denied. Entitlement to service connection for hypertensive is denied. FINDINGS OF FACT 1. The record does not contain competent evidence of a link between a current diagnosed disability in appellate status and active service. 2. Service connection is not in effect for any disabilities.   CONCLUSIONS OF LAW 1. The criteria for service connection for diabetes mellitus are not met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309. 2. The criteria for service connection for glaucoma are not met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309. 3. The criteria for service connection for respiratory allergies disability are not met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.310. 4. The criteria for service connection for a heart disability are not met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.310. 5. The criteria for service connection for hypertension are not met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 3.310.   REASONS AND BASES FOR FINDING AND CONCLUSIONS 1. Entitlement to service connection for diabetes mellitus. 2. Entitlement to service connection for glaucoma, to include as secondary to diabetes mellitus. 3. Entitlement to service connection for a respiratory allergies disability, to include as due to herbicide exposure, is denied. 4. Entitlement to service connection for a heart disability, to include as due to herbicide exposure. 5. Entitlement to service connection for hypertensive. The Veteran seeks service connection for these five disabilities. The Veteran had service from September 1961 to August 1963. The record contains service personnel record and service treatment records, but these do not document the development of any relevant disabilities and none were noted upon his separation examination. Personnel records document service in Korea but the Veteran has specifically marked that he was not claiming exposure to Agent Orange or other herbicides and the record does not otherwise indicate a basis for finding exposure. See June 2014 VA Form 21-526. Although cognizant that the RO indicated at one time that development on this basis was needed based on the Veteran’s service in Korea, as the Veteran has not indicated exposure and the record does not provide another basis for development of possible exposure, the Board finds that remanding for such a purpose would serve no useful purpose. Exposure to herbicides is not presumed. See 38 C.F.R. §§ 3.307, 3.309. To establish entitlement to service connection, there must be: (1) competent and credible evidence confirming the Veteran has the claimed disability or at least has since filing the claim; (2) competent and credible evidence of in-service incurrence or aggravation of a relevant disease or injury; and (3) competent and credible evidence of a nexus or link between the in-service injury or disease and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Here, the Veteran has filed a claim for service connection for these five disabilities. Medical records reflect current diagnosed disabilities, to include diabetes, heart disease, hypertension, and allergies. Review of the submitted forms and medical evidence by the Veteran and representative, however, does not provide any specific contentions of a relationship between these diagnoses and active service. There are no competent opinions of record indicating such a link. The Veteran has not provided the basis of disagreement with the prior denials. VA has not provided examination with opinions regarding these claims. As there is no evidence establishing an event, injury, or disease incurred in service or for years after separation from service nor evidence indicating that a disability or symptom may be associated with the Veteran’s service, the criteria for assisting by obtaining such an examination with opinion are not met. See McLendon v. Nicholson, 20 Vet. App. 79 (2006).   Although service connection is available for disability caused or aggravated by a service-connected disability, as no disability is service-connected, this aspect of the claim is denied as a matter of law. 38 C.F.R. §§ 3.310. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Hemphill, Associate Counsel