Citation Nr: 20008286 Decision Date: 01/31/20 Archive Date: 01/30/20 DOCKET NO. 17-46 669 DATE: January 31, 2020 ORDER Service connection for hallux valgus of the left foot is denied. FINDING OF FACT The weight of the evidence is against a finding that the Veteran’s hallux valgus of the left foot either began during or was otherwise caused by his military service. CONCLUSION OF LAW The criteria for service connection for hallux valgus of the left foot have not been met. 38 U.S.C. § 1101, 1131, 5103; 38 C.F.R. §§ 3.303, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the Army from March 1982 to July 1982. The Board acknowledges that in the August 2017 substantive appeal the Veteran requested a hearing before a Veterans Law Judge by live videoconference hearing. Thereafter, a videoconference hearing was scheduled for October 28, 2019. In October 2019, prior to the Board hearing, the Veteran submitted a statement requesting to withdraw the Board hearing. Accordingly, the Veteran’s request for a hearing is considered to be withdrawn. 38 C.F.R. § 20.704 (d). Service connection for hallux valgus of the left foot Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (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, 1167 (Fed. Cir. 2004). Service connection may also be established under 38 C.F.R. § 3.303 (b), where a condition in service is noted but is not, in fact, chronic, or where a diagnosis of chronicity may be legitimately questioned. The continuity of symptomatology provision of 38 C.F.R. § 3.303 (b) has been interpreted as an alternative to service connection only for the specific chronic diseases listed in 38 C.F.R. § 3.309 (a). See Walker v. Shinseki, 718 F.3d 1331 (Fed. Cir. 2013). Service connection may also be established with certain chronic diseases based upon a legal presumption by showing that the disorder manifested itself to a degree of 10 percent disabling or more within one year from the date of separation from service. Such disease shall be presumed to have been incurred in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309(a). While the disease need not be diagnosed within the presumption period, it must be shown, by acceptable lay or medical evidence, that there were characteristic manifestations of the disease to the required degree during that time. As stated above, the Board notes that in October 2019 the Veteran requested to withdraw the Board hearing. The reason for the request was that her left foot disorder did not start or was caused by her military service. The Board agrees and finds that there is no evidence of record indicating otherwise. Turning to the evidence of record, the Veteran’s service treatment records are absent of any complaints, treatment, or diagnosis of a left foot condition. Post-service treatment records revealed the Veteran has been diagnosed and treated for hallux valgus on the left foot. Specifically, a January 2014 Social Security Administration medical record indicates the Veteran was diagnosed with hallux valgus where the left foot was worse than the right foot and the duration was for five to six years (placing the onset decades after the Veteran’s time in service). However, there is no evidence supporting an etiological relationship between the Veteran’s left foot disorder and her military service. As such, in this appeal the criteria for service connection have not been met for hallux valgus of the left foot. That is, the evidence does not show that a left foot disorder was diagnosed in service or within a year of service and the weight of the evidence is against a finding that a left foot disorder has existed continuously since service. As such, the criteria for service connection for hallux valgus of the left foot have not been met, and the Veteran’s claim is denied. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Yoo, 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.