Citation Nr: 18156385
Decision Date: 12/11/18	Archive Date: 12/07/18

DOCKET NO. 15-46 336
DATE:	December 11, 2018
ORDER
Service connection for orchialgia is granted.
FINDING OF FACT
The Veteran’s current orchialgia is related to an injury incurred in April 1986 while the Veteran was performing active duty for training (ACDUTRA) with the Air National Guard of Puerto Rico.
CONCLUSION OF LAW
The criteria for service connection for orchialgia are met.  38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from January 1963 to October 1966, with additional service with the Air National Guard of Puerto Rico.  The Veteran had at least one period of verified ACDUTRA from March 29, 1986 through April 12, 1986.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico.
Service Connection
The Veteran contends that he has a current disability impacting his right testicle because of an injury incurred during a period of ACDUTRA in April 1986 with the Air National Guard.  The Board agrees and concludes that the Veteran has a current diagnosis of orchialgia that is related to the April 1986 ACDUTRA incident.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).
Generally, 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. §§ 1110, 1131; 38 C.F.R. § 3.303(a).  With respect to National Guard service, service connection may only be granted for disability resulting from disease or injury incurred or aggravated in line of duty while performing ACDUTRA, or for disability resulting from an injury incurred or aggravated in line of duty while performing inactive duty for training (INACDUTRA).  38 U.S.C. § 101 (24); 38 C.F.R. § 3.6(a).
In this case, the Veteran was afforded a VA male reproductive system examination in August 2012.  During this examination, the examiner provided a diagnosis or orchialgia without testicular abnormalities.  He then opined that it was at least as likely as not that the Veteran’s orchialgia was caused by or a result of service. In support of this opinion, the examiner indicated that an injury to the right inguinal area was documented in the Veteran’s service treatment records (STRs), the Veteran had received medical treatment for symptoms following the injury, and there was evidence that he continued suffering from a disability from the year 2000 to the present.  The Board finds the examiner’s opinion to be adequate for adjudicative purposes.
Regarding evidence that the in-service incident actually occurred, the Board notes that a memorandum from the Air National Guard of Puerto Rico from April 1986 is associated with the Veteran’s claims file.  In this memorandum, a commanding officer indicates that the Veteran experienced pain and discomfort in the right inguinal area following an injury during a recent period of annual training.  Although a formal Line of Duty determination was not associated with the memorandum by the service department, the commanding officer indicated that the injury was incurred within the Veteran’s line of duty.  Accordingly, the Board concludes that the preponderance of the evidence indicates that the injury occurred within the line of duty and was not a product of willful misconduct.  See 38 C.F.R. §§ 3.1(m)-(n), 3.301. 
 
C. CRAWFORD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N.S. Pettine, Associate Counsel