Citation Nr: 18158356 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 17-02 659 DATE: December 14, 2018 ORDER 1. Entitlement to service connection for a left shoulder disability is denied. 2. Entitlement to service connection for bilateral hearing loss is denied. 3. Entitlement to service connection for hemorrhoids denied. 4. Service connection for proctitis is granted. FINDINGS OF FACT 1. The Veteran is not shown to have a left shoulder disability. 2. The Veteran is not shown to have a hearing loss disability in either ear. 3. The Veteran is not shown to have a hemorrhoid disability. 4. The Veteran's proctitis was first manifested in service. CONCLUSIONS OF LAW 1. Service connection for a left shoulder disability is not warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. 2. Service connection for bilateral hearing loss is not warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. 3. Service connection for hemorrhoids is not warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. 4. Service connection for proctitis is warranted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from May 1983 to September 2009. These matters are before the Board of Veterans' Appeals (the Board) on appeal from a September 2014 rating decision. In April 2018, the RO granted service connection for a right shoulder disability; a low back disability; gastroesophageal reflux disease with chest pain; benign neoplasm of the right second digit, to include an anomaly of the nail; scars, status post benign skin neoplasm of the right second digit, right hand wound, and right arm lipoma, resolving these matters. The Veteran's service treatment records (STRs) show that in February 1984 he was seen for a complaint of rectal bleeding. Proctoscopy was unremarkable. A biopsy showed mild nonspecific proctitis. Audiometry was performed on numerous occasions. All were within normal limits. In an August 2007 report of medical history, he reported rectal disease. It was noted he had occasional hemorrhoids. In a June 2009 report of medical history, he denied hearing loss and rectal disease, to include hemorrhoids. He reported a painful shoulder, but there was no mention of the left shoulder. On June 2009 retirement examination, the upper extremities were abnormal. The anus and rectum were not examined. Audiometry found that right ear puretone thresholds in decibels were 5, 10, 0, 5 and 25 at 500, 1,000, 2,000, 3,000 and 4,000 Hertz, respectively. Left ear puretone thresholds at corresponding frequencies were 0, 5, 0, 0 and 30. The Veteran's discharge certificate shows that he was in general aviation (and is assumed to have been exposed to noise in service). On January 2017 VA audiometry right ear puretone thresholds in decibels were 5, 10, 5, 10 and 20 at 500, 1,000, 2,000, 3,000 and 4,000 Hertz, respectively. Left ear puretone thresholds at corresponding frequencies were 10, 10, 10, 10 and 5. It was noted that the Veteran had normal hearing in each ear. On January 2017 VA anus and rectum examination, the Veteran stated that he had blood in his stools in service and was told he had hemorrhoids. He noted that he had not had rectal bleeding for two or three years. Examination found no external hemorrhoids, anal fissures or other abnormality. The diagnosis was proctitis. The examiner opined that it was less likely than not that hemorrhoids were incurred in service. His opinion was based on his interview and examination of the Veteran and a review of the record. He said that there was no mention of hemorrhoids on the June 2009 retirement examination. He noted that rectal bleeding was caused by proctitis. The examiner also opined that it was at least as likely as not that proctitis was incurred in or caused by service. He noted that the Veteran's STRs showed rectal bleeding and that a rectal biopsy was positive for proctitis. On January 2017 VA shoulder examination, the Veteran stated that he did not have any left shoulder problems. Examination of the left shoulder found normal range of motion; a left shoulder abnormality was not noted. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To substantiate a claim of service connection there must be evidence of: (1) a current disability (for which service connection is sought); (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the claimed disability and the disease or injury in service. See Shedden v, Principi, 381 F.3d 1153, 1166-1167 (Fed. Cir. 2004). 1. Service connection for a left shoulder disability is denied/ 2. Service connection for bilateral hearing loss is denied. The threshold question in these matters is whether the Veteran has/during the pendency of the claim has had a a left shoulder disability and/or a hearing loss disability. His STRs are silent for complaints, findings, or diagnosis of either disability. On June 2009 service separation examination, he reported only right shoulder problems. Moreover, on January 2017 VA shoulder examination, he acknowledged that he did not have a left shoulder problem, and indicated that he was seeking service connection for the right shoulder only. The Veteran's STRs show that all audiograms in service found that he had normal hearing. Audiometry on the January 2017 VA examination found normal hearing. The Veteran is not shown to have a left shoulder disability. VA examination did not find such disability, and the Veteran acknowledged he does not have such disability (and was seeking service connection for only the right shoulder). The record also does not show that the Veteran has a hearing loss disability in either ear. The diagnosis of a hearing loss is a medical question; it requires diagnostic studies (audiometry specified in 38 C.F.R. § 4.85). Jandreau v. Nicholson; 492 F 3d 1372, 1377 (Fed. Cir. 2007). The Veteran is not competent to establish by his own opinion that he has such disability. VA examination did not find a hearing loss disability (as defined in 38 C.F.R. § 3.385) in either ear. He has not submitted any audiometry report showing otherwise. Service connection is limited to where disease or injury in service has resulted in a current (shown during the pendency of the claim; see McClain v. Nicholson; 21 Vet. App. 319 (2007)) claimed chronic disability. In the absence of proof of the disability for which service connection is sought, there is no valid claim of service connection. See Brammer v. Derwinski, 3 Vet. App. 223 (1992). As the Veteran is not shown to have a left shoulder disability or a hearing loss disability in either ear, the threshold legal and factual requirements for substantiating claims of service connection for a left shoulder disability and bilateral hearing loss are not met. 3. Service connection for hemorrhoids is denied. 4. Service connection for proctitis is granted. The Veteran's STRs show that he reported hemorrhoids in August 2007. Although his anus and rectum were not examined on June 2009 retirement examination, he specifically denied having hemorrhoids at that time. Notably, January 2017 VA examination did not find hemorrhoids. The Veteran is competent to report he had hemorrhoids in the past. He is not competent to establish by his own opinion that he has a current diagnosis of hemorrhoids, when current examination did not find such disability. He has not submitted any medical evidence that he has had hemorrhoids at any time since his discharge from service. Service connection is limited to where disease or injury in service resulted in a current (see McClain v. Nicholson; 21 Vet. App. 319 (2007)) chronic disability. In the absence of proof of the disability for which service connection is sought, there is no valid claim of service connection. See Brammer v. Derwinski, 3 Vet. App. 223 (1992). As the Veteran is not shown to have hemorrhoids, the legal and factual requirements for substantiating a claim of service connection for hemorrhoids are not met. The Veteran’s STRs show that proctitis was noted during service, on biopsy in February 1984. Proctitis was diagnosed on January 2017 VA examination; the examiner opined that it was at least as likely as not that proctitis was incurred in service. The evidence supports this claim; service connection for proctitis is warranted. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD James R. Siegel, Counsel