Citation Nr: 21062956 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 16-46 906 DATE: October 12, 2021 ORDER Entitlement to service connection for a right leg, to include a right knee, disability is denied. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is denied. FINDINGS OF FACT 1. There is insufficient evidence to show that the Veteran has had a diagnosed right leg, including a right knee, disability at any time during the appeal period. 2. There is insufficient evidence to show that the Veteran has had a diagnosed acquired psychiatric disorder, to include PTSD, at any time during the appeal period. CONCLUSIONS OF LAW 1. The criteria for service connection for a right leg, to include a right knee, disability are not met. 38U.S.C. §§1110, 5107; 38C.F.R. §§3.102, 3.303, 3.307, 3.309(a). 2. The criteria for service connection for an acquired psychiatric disorder, to include PTSD, are not met. 38U.S.C. §§1110, 5107; 38C.F.R. §§3.102, 3.303, 3.307, 3.309(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from August 1966 to May 1970. Several times during the current appeal, the Veteran was scheduled for a hearing before a Veterans Law Judge, but he requested a postponement of each of these scheduled hearings. Most recently, in August 2021, he was scheduled again, but he failed to report to the hearing. To date, he has not submitted a request for postponement or good cause for failure to appear for this most recent hearing. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38U.S.C. §1110. Generally, the evidence must show: (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, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). Regulations also provide that service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury which was incurred in or aggravated by service. 38C.F.R. §3.303(d). 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. 38U.S.C. §§1101, 1112, 1113, 1137; 38C.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. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38U.S.C. §5107; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Service Connection Right Leg (Including Right Knee) Disability The Veteran contends that he has a right leg (including a right knee) disability that is related to his active service. In the October 2016 substantive appeal, he stated that he had a numbing sensation in his right leg, which he attributes to a motor vehicle accident in 1968 during his active service. The motor vehicle accident was corroborated by a statement submitted in December 2015 by a fellow servicemember who was involved in the incident. Unfortunately, the Board finds there is insufficient evidence to show that he has a diagnosed disability of his right leg, including his right knee. In this regard, the Board notes that VA has obtained medical treatment records and incorporated them into the claims file. However, there are no available records showing complaints of, treatment for, or a diagnosis of a right leg (including a right knee) disability, including any such condition manifested by functional loss. Significantly, a current diagnosis is the first critical bar for a claim of service connection, and there is no evidence of a diagnosis of a right leg, including a right knee, disability in this appeal. In the absence of proof of a present disability, there can be no successful claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). There is simply no probative evidence of current right leg (including a right knee) disability, and the claim for a right leg (including a right knee) disability fails on this basis alone. The preponderance of the evidence is against this claim, the benefit-of-the-doubt doctrine does not apply, and the claim must be denied. 38U.S.C. §5107; 38C.F.R. §3.102. Service Connection Acquired Psychiatric Disorder, To Include PTSD The Veteran contends that he has PTSD related to his active service. In his October 2019 substantive appeal, he explained that he was in a motor vehicle accident due to drug and alcohol use during service and that he has experienced PTSD during, and since, service. A fellow service-member corroborated the Veteran's report of involvement in a motor vehicle crash in 1968 during service. Medical treatment records available show multiple in-patient drug treatment programs but do not provide any mental health diagnoses. Further, there is no implication that the Veteran's substance abuse was a result of self-medication for a psychiatric disorder acquired during, or as a result of, his active service. Accordingly, there is insufficient evidence to show the Veteran has a diagnosed acquired psychiatric disorder, to include PTSD, related to his active service. In the absence of proof of a present disability there can be no successful claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). There is simply no probative evidence of a current acquired psychiatric disorder, to include PTSD, and this issue fails on this basis alone. The preponderance of the evidence is against this claim, the benefit-of-the-doubt doctrine does not apply, and the claim must be denied. 38U.S.C. §5107; 38C.F.R. §3.102. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.E. Lee 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.