Citation Nr: 20021510 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 18-25 583A DATE: March 26, 2020 ORDER Entitlement to service connection for congestive heart failure with left ventricular ejection fracture is denied. Entitlement to service connection for heart disease with cardiomyopathy is denied. Entitlement to service connection for hypertension is denied. FINDING OF FACT The record evidence shows that the Veteran’s congestive heart failure with left ventricular ejection fracture, heart disease with cardiomyopathy, and hypertension are not related to active service. CONCLUSIONS OF LAW 1. The criteria for service connection for congestive heart failure with left ventricular ejection fracture have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2019). 2. The criteria for service connection for heart disease with cardiomyopathy have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2019). 3. The criteria for service connection for hypertension have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2019). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1984 to June 1984, with other periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). He died in May 2019 and, in September 2019, the Board dismissed his claims on appeal. The Appellant is the Veteran’s surviving spouse. In December 2019, the Agency of Original Jurisdiction (AOJ) accepted the Appellant as a substitute claimant for the purpose of processing this appeal (which was pending at the time of the Veteran’s death) to completion. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. The Board notes that in October 2019, the appellant also filed a claim for Dependency and Indemnity Compensation (DIC) for survivor pension and accrued benefits. Because these claims have not been adjudicated by the AOJ, they are not before the Board. Entitlement to service connection for congestive heart failure with left ventricular ejection fracture, heart disease with cardiomyopathy, and hypertension. The Board finds that the preponderance of the evidence is against granting the Veteran’s claims of service connection for congestive heart failure with left ventricular ejection fracture, heart disease with cardiomyopathy, and hypertension. The Veteran’s representative asserts that the Veteran’s congestive heart failure with left ventricular ejection fracture, heart disease with cardiomyopathy, and hypertension (disorders) were “initiated by incidents” during service. The record reflects November 2013 diagnoses of hypertension and multiple heart disorders, to include ischemia with left ventricular ejection fracture and cardiomyopathy. The Veteran’s service treatment records (STRs) are silent for complaints, treatment, or diagnoses referable to hypertension or any cardiology disorder during his active duty, ACDUTRA, and INACDUTRA service. In fact, in a January 1989 military medical examination, the Veteran reported being in good health and that he took no medications. Consequently, the remaining inquiry is whether the Veteran’s diagnosed disorders are related to active service. The Board observes that neither the Veteran, during his lifetime, the appellant, after the Veteran’s death, nor the Veteran’s representative has described any specific in-service event that may have caused the Veteran’s disorders diagnosed many years later. Furthermore, no diagnosis was made during service and no evidence of record documents any incident in service that might be related to his later-diagnosed disorders. The Board also observes that the absence of contemporaneous records does not preclude granting service connection for a claimed disability. See Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006); Barr v. Nicholson, 21 Vet. App. 303 (2007). The Board notes that the Veteran’s service treatment records showed one slightly elevated blood pressure reading in January 1989 of 160/104. Additional reading in a supine position returned a number of 150/94. No diagnosis of hypertension was made and the examining physician indicated that the Veteran was medically qualified for retention. The Veteran reported no symptoms and described himself that day as “healthy.” Furthermore, the Veteran’s military personnel records from that time indicate that he was not on active duty, ACDUTRA, or INACDUTRA at the time the January 1989 medical examination was conducted. The record does not reflect any follow-up testing or elevated blood pressure readings for many years following this examination. The Board next notes that, although a VA examination was not provided to the Veteran prior to his death, VA is not required to provide a medical examination or obtain a medical opinion when there is no credible evidence of an event, injury, or disease in service. See Bardwell v. Shinseki, 24 Vet. App. 36 (2010). Additionally, a mere conclusory generalized lay statement that a service event or illness caused the claimant’s current condition is insufficient to require the Secretary to provide an examination or obtain an opinion. See Waters v. Shinseki, 601 F.3d 1274, 1278 (2010). Consequently, as there is no indication that the Veteran’s disorders may be related to active service, VA is not required to obtain a medical opinion prior to adjudicating the claims. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). Finally, neither the Veteran, during his lifetime, the appellant, after the Veteran’s death, nor the Veteran’s representative have shown that the Veteran’s disorders manifest within the statutory time required for presumptive service connection or service connection based on continuity of symptomatology. The Veteran never reported experiencing symptoms of these disorders during or soon after military service. The record evidence shows instead that diagnoses of the claimed disorders were made more than two decades after the Veteran separated from military service with no symptomatology reported or treatment sought in the interim years. In summary, the Board finds that service connection for congestive heart failure with left ventricular ejection fracture, heart disease with cardiomyopathy, and hypertension is not warranted. MICHAEL T. OSBORNE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.Breckenridge, 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.