Citation Nr: 18159883 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 16-55 149 DATE: December 20, 2018 ORDER Service connection for a deviated septum is denied. FINDING OF FACT The Veteran is currently diagnosed with a deviated septum; the currently diagnosed deviated septum is not the result of an injury sustained in, or otherwise etiologically related to, active service, or to an injury sustained during any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) service. CONCLUSION OF LAW A deviated septum was not incurred in active service or National Guard service. 38 U.S.C. §§ 101, 1110, 1131, 1133, 5103, 5103A, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.159, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, served on active duty from June 1984 to August 1984, and from June 1985 to July 1985. The Veteran also had various periods of ACDUTRA service with the U.S. Army National Guard until April 1993. Service connection for deviated septum, serpentine deviation Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). “Active military, naval, or air service” includes any period of ACDUTRA during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, or any period of INACDUTRA during which the individual concerned was disabled or died from injury incurred in or aggravated in line of duty. See 38 U.S.C. § 101(21), (24); 38 C.F.R. § 3.6(a), (d); Biggins v. Derwinski, 1 Vet. App. 474, 477 78 (1991). ACDUTRA is defined as full-time duty in the Armed Forces performed by Reserves for training purposes, and includes full-time duty performed by members of the National Guard of any State. 38 U.S.C. § 101(22); 38 C.F.R. § 3.6(c)(1). Service connection for INACDUTRA is permitted only for injuries, not diseases, incurred or aggravated in line of duty. See Brooks v. Brown, 5 Vet. App. 484, 485 (1993). VA’s General Counsel has interpreted that it was the intention of Congress when it defined active service in 38 U.S.C. § 101(24) to exclude inactive duty training during which a member was disabled or died due to nontraumatic incurrence or aggravation of a disease process. See VAOPGCPREC 86-90. Service connection may be granted for any disease diagnosed after discharge, 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 generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in service disease or injury and the current disability. The Veteran is currently diagnosed with a deviated septum, which is not a “chronic disease” under 38 C.F.R. § 3.309(a); therefore, the presumptive provisions of 38 C.F.R. § 3.303(b) for “chronic” in-service symptoms and “continuous” post service symptoms do not apply to the periods of active duty service from June 1984 to August 1984, and from June 1985 to July 1985. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Presumptive periods do not apply to ACDUTRA or INACDUTRA service. See Biggins, 1 Vet. App. at 447 78. The Veteran generally contends that service connection for a deviated septum is warranted. See February 2016 Claim. Initially, the Board finds the Veteran is currently diagnosed with a deviated septum. A February 2016 private treatment record reflects a diagnosis for a deviated nasal septum. After a review of all the lay and medical evidence of record, the Board finds that the currently diagnosed deviated septum did not have its onset during active or ACDUTRA service. Service treatment records during the periods of active service from June 1984 to August 1984, and from June 1985 to July 1985, do not reflect any in-service complaints, symptoms, diagnosis, or treatment for a deviated septum or related symptoms. A January 1992 periodic service examination report, after all periods of relevant active and ACDUTRA service, reflects the Veteran’s nose and sinuses were found to be clinically normal and that the Veteran denied symptoms or a history of nose trouble or sinusitis on the corresponding January 1992 Report of Medical History. Additionally, service treatment records do not show, nor does the Veteran assert, sustaining any injury during INACDTURA service that caused the currently diagnosed deviated septum. (Continued on the next page)   A post-service May 2005 private treatment record reveals the earliest evidence and diagnosis of a deviated septum. Finally, the evidence of record does not contain any competent opinion establishing a nexus between the current deviated septum and the periods of active service from June 1984 to August 1984, and from June 1985 to July 1985, or to an injury sustained during INACDTURA service. For these reasons, the Board finds that a preponderance of the evidence is against the claim for service connection for a deviated septum. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Choi, Associate Counsel