Citation Nr: 20002920 Decision Date: 01/14/20 Archive Date: 01/13/20 DOCKET NO. 15-10 127A DATE: January 14, 2020 ORDER Entitlement to service connection for bilateral extremity varicose veins is granted. FINDING OF FACT The Veteran’s varicose veins had their onset in service or are etiologically related to his active service. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for service connection for varicose veins have been met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1983 to January 2004. This claim is on appeal from a March 2014 rating decision of the Department of Veterans’ Affairs (VA) Regional Office. The Veteran testified before the undersigned Veterans Law Judge in November 2018. A copy of the transcript is of record. 1. Entitlement to service connection for bilateral extremity varicose veins. The Veteran claims entitlement to service connection for varicose veins. He contends that there is a causal relationship between his varicose veins and his period of active duty service. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131 (2012). Generally, 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. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Regulations also provide that service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury which was incurred in or aggravated by service. 38 C.F.R. § 3.303(d). Finally, 38 U.S.C. § 1154(a) requires that VA give “due consideration” to “all pertinent medical and lay evidence” in evaluating a claim for disability or death benefits. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Specifically, “[l]ay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional.” Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); see also Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006). The Veteran has been diagnosed with varicose veins in a February 2014 VA examination. He stated that he had been diagnosed with such in 2013 and has been given support stockings which he noted helps with the discomfort. In a March 1990 service treatment record, the Veteran was noted as having varicoceles in his testicle. See March 1990 service treatment record. Post service, the Veteran’s treatment records show that he has had varicose veins. The VA examiner in February 2014 noted that the Veteran’s varicose veins were less likely as not caused by any muscle cramps in service, because varicose veins are not caused by muscle cramps. Furthermore, the examiner found the Veteran’s disability was less likely as not caused by his service-connected hypertension. In an April 2015 statement the Veteran specified that he told the examiner his legs were painful and cramping because of his varicose veins, not that his muscle cramping had caused his varicose veins. See April 2015 VA Form 9. In November 2018 the Veteran testified at a Board hearing and noted that he had fertility problems for years and while in service was diagnosed with a varicocele of the testicles. The Veteran testified that the fertility doctor also noted varicose veins of his legs but that he did not treat it because it was not related to his fertility problems and it was not causing him any symptoms. See Board Hearing transcript p.5. The Board notes the February 2014 negative nexus opinion. However, the Veteran is competent to report that he has varicose veins. Further, the Board finds the Veteran credible to report the onset of his varicose veins during service, and he has a current medical diagnosis of such. Therefore, the Board resolves the benefit of doubt in his favor. The claim for entitlement to service connection for varicose veins is granted. 38 C.F.R. § 3.102. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Nadia Kamal, Counsel 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.