Citation Nr: 20003079 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 17-02 579 DATE: January 14, 2020 ORDER Entitlement to service connection for ulcers is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his ulcers began during active service. CONCLUSION OF LAW The criteria for service connection for ulcers are met. 38 U.S.C. §§ 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 December 1971 to October 1973. Entitlement to service connection for ulcers The Veteran contends that his ulcers began during service and have continued since. The Board concludes that the Veteran has a current disability that is related to active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The Veteran’s primary care physician noted that the Veteran was diagnosed with ulcers in December 1973, two months after separation from service, and that he had been treated for ulcers since. Service treatment records (STRs) record multiple complaints of vomiting blood during active service. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes an October 2016 a VA examiner opinion noting that the Veteran had a stomach or duodenum condition; however, there was no visualization of a peptic ulcer on his most recent scope. The Veteran reported coughing up blood during active service and having stomach pain since active service. He noted that he was first diagnosed with a peptic ulcer months after separation from active service. He noted that stomach pain had awakened him nightly since service and that he continued to cough up blood since service. On examination, the Veteran was found to have continuous abdominal pain that was relieved by standard ulcer therapy. The examiner opined that the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness as there was no definitive diagnosis of an ulcer by a gastroenterologist. Further, the September 2016 scope did not reveal ulceration or scarring and the previous private scopes were not available for review. The evidence in favor of the claim includes multiple private opinions. In April 2016, the Veteran’s primary care physician opined that the Veteran’s ulcers began during active service and had continued since. He explained that multiple scopes had shown severe chronic peptic ulcers. In January 1994, the Veteran’s treating physician noted that he treated the Veteran for peptic ulcers since December 1973 and that he believed the Veteran’s ulcers were related to military service as the Veteran developed stomach pain during active service and it had continued since. In September 2012, a private physician noted that stomach ulcers were visualized on scopes and that the Veteran’s chronic stomach pain began during active service and had continued since based on treatment records and the Veteran’s testimony. A review of the evidence reflects that even though the October 2016 VA examiner found that the Veteran did not currently have a diagnosis of an ulcer, other competent evidence showed that the Veteran has been diagnosed with a stomach ulcer during the pendency of the appeal. See April 2016 private opinion. In this case, although there is a contrary opinion of record, the positive physicians’ opinions, as outlined above, evidences an awareness of the Veteran’s medical history, provides fully articulated opinions, and furnishes a reasoned analysis. The Board therefore attaches significant probative value to these opinions, as they are well reasoned, detailed, consistent with other evidence of record, and included a review and discussion of the Veteran’s history and background. See Prejean v. West, 13 Vet. App. 444, 448-9 (2000) (Factors for assessing the probative value of a medical opinion include the thoroughness and detail of the opinion). Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current ulcers are related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for ulcers is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Costello, Associate 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.