Citation Nr: 18159927
Decision Date: 12/21/18	Archive Date: 12/20/18

DOCKET NO. 17-05 278
DATE:	December 21, 2018
ORDER
Entitlement to service connection for left hand index finger injury is denied.
Entitlement to service connection for burn injury, 80 percent, body scars is denied.
FINDINGS OF FACT
1. A left-hand index finger injury has not been demonstrated.
2. A burn injury, 80 percent, body scars has not been demonstrated.
CONCLUSIONS OF LAW
1. The criteria for service connection for left-hand index injury have not been met.  38 U.S.C. §§1101, 1110, 1111, 1131, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309 (2018).
2. The criteria for service connection for burn injury, 80 percent, body scars have not been met.  38 U.S.C. §§1101, 1110, 1111, 1131, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Connection
To obtain service connection, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, i.e., a “nexus” requirement.  Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).
Entitlement to service connection for left hand index finger injury
The Veteran contends that he cut his left index finger while working with explosives, and should be service connected for this. 
Service treatment records (STRs) are silent for any complaints, treatment, or diagnosis of a left-hand injury. 
VAMC treatment records are silent for any diagnosis or treatment of a left-hand index finger injury. During a June 2016 Mental Health Outpatient Initial Evaluation Note, the Veteran indicated that he had an amputation of his left first finger, however, no record documents its existence. 
The presence of a current disability is the cornerstone of a claim for VA disability compensation.  Degmetich v. Brown, 104 F. 3d 1328 (1997).  In the absence of a present disability, there can be no valid claim.  Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).
The preponderance of the evidence is against a finding of a current left-hand index finger disability.  As such the evidence is against the claim.  
Entitlement to service connection for burn injury, 80 percent, body scars
The Veteran contends that he sustained a burn injury is the result of this active service. Specifically, in his Notice of Disagreement, he contends that 80 percent of his body was burned when a red smoke grenade was thrown in tunnel between his legs.
The Veteran’s STRs are negative for any complaints, treatment, or diagnosis of a burn injury. Notably, the March 1968 separation examination indicated a normal skin evaluation.
VAMC treatment records indicate the Veteran has had multiple skin lesions removed. A June 2016 Mental Health Outpatient Initial Evaluation Note, documents the Veteran’s report he had burns to 80 percent of his body; however, no record demonstrates its existence.
The presence of a current disability is the cornerstone of a claim for VA disability compensation.  Degmetich v. Brown, 104 F. 3d 1328 (1997).  In the absence of a present disability, there can be no valid claim.  Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).
The preponderance of the evidence is against a finding of a current burn disability.  As such the evidence is against the claim.  
 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.A. Elliott II, Associate Counsel