Citation Nr: 21001971 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 16-21 654 DATE: January 12, 2021 ORDER 1. Service connection for hemorrhoids is denied. 2. Service connection for arthritis of the left hand is denied. 3. Service connection for arthritis of the right hand is denied. FINDINGS OF FACT 1. The Veteran does not have a current disorder of hemorrhoids. 2. The Veteran has a current disability of arthritis of the left hand. 3. Symptoms of arthritis of the left hand were not chronic in service, were not continuous since service, and did not manifest to a compensable degree within one year of service. 4. There was no in-service injury or disease of the left hand, and arthritis of the left hand did not have its onset during service. 5. The Veteran has a current disability of arthritis of the right hand. 6. Symptoms of arthritis of the right hand were not chronic in service, were not continuous since service, and did not manifest to a compensable degree within one year of service. 7. There was no in-service injury or disease of the right hand, and arthritis of the right hand did not have its onset during service. CONCLUSIONS OF LAW 1. The criteria for service connection for hemorrhoids have not been met. 38 U.S.C. §§ 1110, 1154, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. 2. The criteria for service connection for arthritis of the left hand have not been met. 38 U.S.C. §§ 1110, 1112, 1154, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309. 3. The criteria for service connection for arthritis of the right hand have not been met. 38 U.S.C. §§ 1110, 1112, 1154, 5103, 5013A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army during the Vietnam Era from June 1969 to May 1971. The current appeal is from a rating decision dated May 29, 2015. Service Connection 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. § 1110; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. 1. Service connection for hemorrhoids The Veteran claims service connection for hemorrhoids. He contents that hemorrhoids were caused by sitting on the top of an armored personnel carrier and eating only sea rations during service. See May 2016 Form 9. After weighing all the evidence, lay and medical, the Board finds that the Veteran does not have a current disability of hemorrhoids. The Veteran was diagnosed with and treated for hemorrhoids in December 2009 and January 2010. See VA Treatment Records. After January 2010, the Veteran never complained of hemorrhoids. Id. During treatments in November 2010, March 2011, July 2011, November 2011, February 2012, June 2012, and October 2012, the Veteran expressly denied experiencing any symptoms of hemorrhoids. Id. A physical examination performed in November 2011 also found no evidence of external hemorrhoids. Id. The record after 2012 is silent for any complaints or treatments for hemorrhoids. A private treatment record from April 2014 noted a past colonoscopy, but during a review of symptoms and a report of medical history – which included questions about bowel movements – there is no mention of hemorrhoids. See April 2014 Private Treatment Record. The Veteran filed for service connection for hemorrhoids in November 2014. The Veteran did not provide any evidence, lay or medical, to support a current diagnosis of hemorrhoids. The evidence outlined above shows that a diagnosis of hemorrhoids made prior to the date of claim has resolved. See Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). With any claim for service connection (under any theory of entitlement), it is necessary for a current disability to be present. See Brammer v. Derwinski, 3 Vet. App. 223 (1992); see also McClain v. Nicholson, 21 Vet. App. 319 (2007) (service connection may be warranted if there was a disability present at any point during the claim period, even if it is not currently present); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013) (when the record contains a recent diagnosis of disability immediately prior to a veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency). Thus, in the absence of competent evidence showing a current disorder of hemorrhoids, the claim must be denied. 2. Service connection for arthritis of the left hand 3. Service connection for arthritis of the right hand Arthritis is a “chronic” disease under 38 C.F.R. § 3.309(a); therefore, the presumptive service connection provisions under 38 C.F.R. § 3.303(b) for service connection based on “chronic” symptoms in service and “continuous” symptoms since service are applicable. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. With chronic disease as such in service, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. If a condition noted during service is not shown to be chronic, then generally, a showing of continuity of symptoms after service is required for service connection. 38 C.F.R. § 3.303(b). In addition, the law provides that, where a veteran served 90 days or more of active service, and certain chronic diseases such as arthritis become manifest to a degree of 10 percent or more within one year after the date of separation from such 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. The Veteran contends that arthritis of the hands began during service. He contends that performing minor repairs on his APC and lifting equipment contributed to wrist pain, which was treated in-service with ibuprofen. See June 2015 Notice of Disagreement; May 2016 Form 9. The Board finds that the Veteran has a current disability of arthritis in both hands. A private treatment record from April 2014 reflects a diagnosis of bilateral osteoarthritis supported by x-rays. Specifically, the Veteran was diagnosed with osteoarthritis of the fingers and thumb. See April 2014 Private Treatment Record. After considering all the evidence, lay and medical, the Board finds that the weight of the evidence shows that symptoms of arthritis of either hand were not chronic in service, were not continuous since service, and did not manifest to a compensable degree within one year of service. Additionally, the Board finds that arthritis of either hand did not have its onset during service and is not otherwise related to active duty service. During the service enlistment examination, the Veteran reported no history of swollen or painful joints, nor any issues of the upper extremities. See June 1969 Service Treatment Records. During the service separation examination, the Veteran reported no history of swollen or painful joints, nor any problem with the upper extremities. See May 1971 Military Personnel Records. On the Form 9, the Veteran wrote that he did not seek treatment for these issues or make claims for these issues during service because as an officer he was supposed to set an example to suffer in silence, and he was informed that any complaints of injuries would result in delay of discharge from service. See May 2016 Form 9. The Board does not find these statements credible, as they are inconsistent with and outweighed by the other, more contemporaneous lay and medical evidence of record. During the discharge examination, the Veteran reported frequent and severe headaches, eye trouble, chronic or frequent colds, hay fever, chronic cough, leg cramps, paralysis, frequent trouble sleeping, and depression, but did not report any past or present symptoms of arthritis, hand pain, stiffness, or any other symptoms of the hand. See May 1971 Military Personnel Records. The post-service treatment records show no complaints for arthritis until the private diagnosis in April 2014, which is 43 years after service. The private diagnosis was given on April 14, 2014. During VA treatment on April 9, 2014 the Veteran denied having arthritis. See April 2014 VA Treatment Record. The Veteran filed a claim for a pension with VA in November 2014. The Veteran claimed that the bilateral arthritis prevented him from working. On the form, the Veteran claimed that the arthritis began in January 2004, 33 years after separation from service. See November 2014 Application for Pension. The weight of the evidence, lay and medical, shows that symptoms of arthritis in either hand did not manifest until at least January 2004. Accordingly, the weight of the evidence shows that symptoms of arthritis in either hand were not chronic in service and did not manifest to a compensable degree within one year after service. The weight of the evidence, lay and medical, also impels a finding that the Veteran did not sustain an in-service injury or disease during service to which the current arthritis could be related. The Board finds that a preponderance of the lay and medical evidence is against the claim for service connection for arthritis of the left and the right hands; therefore, the appeal must be denied. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Charles Plambeck 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.