Citation Nr: 20008243
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-11 523
DATE: January 30, 2020

ORDER

Service connection for brain tumors is denied.

FINDING OF FACT

The preponderance of the evidence of record is against finding that the Veteran has had brain tumors at any time during or approximate to the pendency of the claim.

CONCLUSION OF LAW

The criteria for service connection for brain tumors have not been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1969 to January 1971. 

The Veteran contends that he currently has brain tumors either as a result of active duty, to include exposure to herbicides, or as secondary to service-connected coronary artery disease.  He contends that he was diagnosed with tumors on the brain in 1999 and has had migraines since separation from service.  

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.  Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

The Board concludes that the Veteran does not have a current diagnosis of brain tumors and has not had one at any time during the pendency of the claim or recent to the filing of the claim.  Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319 (2007).

The Veteran has submitted no medical evidence of brain tumors at any time during or since active duty and has not identified any such evidence. Post-service private and VA medical records are negative for relevant complaints, symptoms, findings, diagnoses or history. VA treatment records include a February 2001 report of an MRI of the brain that shows that the ventricles were normal in size and no abnormal signal, mass effect or enhancing lesion was identified.  

While the Veteran believes that he has a current diagnosis of brain tumors, the diagnosis and etiology of that condition is outside the realm of common knowledge of a lay person because it involves complex medical issues that go beyond a simple and immediately observable cause-and-effect relationship. See Kahana v. Shinseki, 24 Vet. App. 428 (2011); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Davitian, 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.