Citation Nr: 20019983 Decision Date: 03/18/20 Archive Date: 03/18/20 DOCKET NO. 16-24 647A DATE: March 18, 2020 ORDER Entitlement to service connection for a bladder disorder is denied. REMANDED Entitlement to service connection for a throat disorder is remanded. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has had a clinical diagnosis of a bladder disorder at any time during the appeal. CONCLUSION OF LAW The criteria for service connection for a bladder disorder are not met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the Marine Corps from October 1974 to September 1978. The appeal originates from an August 2015 decision of a Department of Veterans Affairs (VA) Regional Office. Entitlement to service connection for a bladder disorder. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection for a disability requires evidence of: (1) a current disability; (2) a disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). A veteran, or former reservist or member of the National Guard, who had no less than 30 days (consecutive or nonconsecutive) of service at Camp Lejeune during the period beginning on August 1, 1953, and ending on December 31, 1987, shall be presumed to have been exposed during such service to the contaminants in the water supply, unless there is affirmative evidence to establish that the individual was not exposed to contaminants in the water supply during that service. 38 C.F.R. § 3.307(a)(ii)(7)(iii). The presumption applies to (1) adult leukemia, (2) aplastic anemia and other myelodysplastic syndromes, (3) bladder cancer, (4) kidney cancer, (5) liver cancer, (6) multiple myeloma, (7) non-Hodgkin's lymphoma, and (8) Parkinson's disease. 38 C.F.R. § 3.309(f). The Veteran asserts that he has a bladder disorder caused by consumption and exposure to contaminated water in service at Camp Lejeune. See February 2019 Hearing Transcript. As for the specific conditions, he describes an increasing frequency of urination over time. VA has conceded exposure to contaminated water. See April 2016 SOC. Private treatment records reflect complaints of frequent nighttime urination but no diagnosis of a bladder disorder. Laboratory testing in February 2013 was within normal limits. The Veteran was afforded a VA examination in June 2015. At that time he reported that he started having “bladder problems” in 2012. He endorsed frequent daytime and nighttime voiding as well as urinary hesitancy and having a slow, weak, and decreased force stream. Urinalysis and blood tests were noted to be necessary in order to determine the presence of a disability. An August 2015 follow-up note indicated that the Veteran did not participate in the testing. The Veteran was afforded another VA examination in March 2016. He complained of intermittent urinary frequency 4 to 5 times daily and 4 to 5 times at night since 2008. There was no penile or testicular deformity, suprapubic dullness, or evidence of urinary incontinence with coughing. Laboratory testing conducted in February 2016 was noted to be within normal limits. No functional impact was noted due to the Veteran’s urinary complaints. Based on review of the record, the examination results, and medical principles, the examiner was unable to diagnose a bladder disorder. The examiner noted that nocturia and urinary incontinence were symptoms and not a diagnosis. There was no underlying disability to explain the symptoms. The examiner added that he had reviewed and considered the Camp Lejeune Contaminated Water Fact Sheet in rendering his opinion. Service connection may only be granted for a current disability; when a claimed condition is not shown, there may be no grant of service connection. See 38 U.S.C. § 1131; Rabideau v. Derwinski, 2 Vet. App. 141 (1992). In the absence of proof of a present disability, there can be no valid claim for service connection. See Degmetich v. Brown, 104 F.3d 1328 (1997); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). The requirement that a current disability be present is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim, even if the disability resolves prior to the adjudication of the claim. See McClain v. Nicholson, 21 Vet. App. 319 (2007). The preponderance of the evidence fails to establish a clinical diagnosis of a bladder disorder. The record contains no evidence of a diagnosed bladder disorder and repeated laboratory testing showed no such diagnosis. The March 2016 examiner reviewed the record and considered the Veteran’s lay statements and symptomology but determined that he did not have a bladder disorder or any other disorder to explain his urinary complaints. Indeed, the Veteran himself denied any prostate or blood sugar problems and conceded that no diagnosis of a bladder disorder has been made at any time. In the absence of evidence of a current disability, the service connection claim for a bladder disorder must be denied. REASONS FOR REMAND Entitlement to service connection for a throat disorder is remanded. The Veteran contends that he has a throat disorder caused by consumption and exposure to contaminated water at Camp Lejeune. Private treatment records reflect his complaint of hoarseness and show diagnoses of laryngopharyngeal reflux disease and muscle tension dysphonia. Though he denies in-service throat problems and a throat disorder is not among the diseases subject to presumptive service connection for Camp Lejeune service, an examination with opinion should be obtained to determine whether any throat disorder is etiologically related to the contaminated water exposure based on a theory of direct service connection. The matter is REMANDED for the following action: Schedule the Veteran for a throat examination. The examiner must acknowledge review of the pertinent evidence of record, including the lay reports of symptom manifestation. The examiner should address the following: 1. Identify/diagnose any throat disorder that exists or has existed during the appeal. If a diagnosis is not made, reconcile the finding with the treatment records showing diagnoses of laryngopharyngeal reflux disease and muscle tension dysphonia. 2. Is it at least as likely as not that a throat disorder had its onset in or is otherwise etiologically related to active service, including conceded exposure to contaminated water at Camp Lejeune? The examiner is asked to discuss the significance (if any) of the Veteran’s smoking history as documented in the treatment records. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals M. Alhinnawi, Attorney for the Board Department of Veterans Affairs 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.