Citation Nr: 18159884
Decision Date: 12/21/18	Archive Date: 12/20/18

DOCKET NO. 17-02 654
DATE:	December 21, 2018
ORDER
Service connection for type 2 diabetes mellitus is denied.
FINDING OF FACT
The Veteran is not shown to have type 2 diabetes mellitus.
CONCLUSION OF LAW
Service connection for type 2 diabetes mellitus is not warranted. 38 U.S.C. §§ 1101, 1110, 1112, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309.
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant is a Veteran who served on active duty from July 1971 to July 1974 (and served in combat).  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision.


Legal Criteria 
Service connection may be granted for a disability due to disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may be granted for any disease initially 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).
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 causal connection between the disease or injury in service and the current disability. See Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).  In the absence of proof of a present disability, there is no valid claim for service connection.  Brammer v. Derwinski, 3 Vet. App. 223 (1992). 
Certain chronic disabilities (including type 2 diabetes mellitus) may be presumed to be service-connected if manifested to a compensable degree within a specified period postservice (one year for diabetes). 38 U.S.C.§ 1112; 38 C.F.R. §§ 3.307, 3.309.
Certain chronic diseases (to include type 2 diabetes mellitus) may be presumed service-connected (as due to exposure to herbicides/Agent Orange), if manifested to a compensable degree in a Veteran who served in Vietnam during the Vietnam Era (or is shown to have otherwise been exposed to herbicides in service). 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(e).
Service connection for type 2 diabetes mellitus is denied.
The Veteran contends that he has type 2 diabetes mellitus due to exposure to Agent Orange in service.  He states that he served on the inland waterways of Vietnam.  Noting his reports regarding service on Vietnam Inland waterways, and that he was awarded a combat action ribbon for such service, the Board finds that it may be conceded that he served in Vietnam during the Vietnam Era, and is entitled to consideration of his claim under the presumptive provisions of 38 U.S.C. § 1116.
The Veteran’s service treatment records are silent regarding findings or treatment pertaining to type 2 diabetes mellitus, and not pertinent abnormalities were noted on his July 1974 service separation examination. There is no competent evidence that shows of suggests that the Veteran has/has had diabetes mellitus.  His treatment records in the file do not show a diagnosis of type 2 diabetes mellitus disability. And he has not identified any medical provider who has treated him for, or diagnosed such disease.  On January 2017 VA examination the examiner found that the Veteran did not have type 2 diabetes mellitus (and noted that the Veteran denied having type 2 diabetes mellitus). 
The threshold requirement for substantiating a claim of service connection is that there must be competent evidence that the Veteran has (or during the pendency of the claim has had) the disability for which service connection is sought.  Here, there is no competent (medical) evidence that the Veteran has (or has had) type 2 diabetes mellitus.   Accordingly, that threshold requirement is not met.  As there is no competent evidence that the Veteran has a type 2 diabetes mellitus disability, he has not presented a valid claim of service connection for such disability. See 38 U.S.C. § 1110; see also Brammer v. Derwinski, 3 Vet. App. 223 (1992).

 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Robert Cordingley, Associate Counsel