Citation Nr: 20002483 Decision Date: 01/14/20 Archive Date: 01/10/20 DOCKET NO. 17-10 897A DATE: January 14, 2020 ORDER Entitlement to service connection for varicose veins is granted. FINDING OF FACT The Veteran’s varicose veins was caused by his service-connected right knee chondromalacia patella. CONCLUSION OF LAW The criteria to establish service connection for varicose veins have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1973 to December 1995. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for varicose veins. The Veteran was scheduled for a videoconference hearing before a Veterans Law Judge on September 30, 2019. However, in correspondence received August 28, 2019, the Veteran’s representative cancelled the hearing request. See August 2019 correspondence. Accordingly, the Veteran’s hearing request is considered withdrawn. 38 C.F.R. § 20.704(e). A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. §§ 1110, 1131. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Under section 3.310(a) of VA regulations, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). The Veteran contends this his varicose veins was caused by his service-connected right knee chondromalacia patella. See August 2015 VA form 21-526EZ. In particular, the Veteran contends that the surgeries needed for his right knee caused his varicose veins. The first two Wallin elements are met. The Veteran has been diagnosed with varicose veins. See January 2016 VA examination report. The Veteran is also service-connected for his right knee chondromalacia patella with osteoarthritis and scars. Thus, the narrow issue before the Board is whether the Veteran’s varicose veins was proximately caused-by or aggravated-by his service-connected right knee chondromalacia patella. The Veteran’s private Doctor, Dr. T.C., opined that it is “more likely than not” that the Veteran’s right knee surgeries aggravated his physical condition, which caused his current varicose veins. See April 2016 private medical records. Dr. T.C.’s medical opinion was based on a review of the Veteran’s medical history and an examination. The Board finds his opinion probative. The Board notes that the Veteran’s service-connected right knee chondromalacia patella includes the residuals of his right knees surgeries as scars. See December 2015 VA examination report. Therefore, the third Wallin element is met. Accordingly, the criteria for service connection for the Veteran’s varicose veins have been met, and the claim is granted. See 38 C.F.R. §§ 3.102, 3.303, 3.304; Gilbert v. Derwinski, 1 Vet. App. 9, 55-57 (1990). DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Strickland The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.