Citation Nr: 21064530 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 13-28 224 DATE: October 20, 2021 ORDER Service connection for a right upper extremity neurological disability is denied. FINDING OF FACT The Veteran's right upper extremity neuropathy and carpal tunnel syndrome were not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disabilities are not otherwise etiologically related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for a right upper extremity neurological disability are not met. 38 U.S.C. §§ 1110, 1112, 1113, 1137, 5107; 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 U.S. Marine Corps from February 1965 to February 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2012 rating decision. It was previously remanded by the Board for additional development in November 2018, September 2020, January 2021, and July 2021. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. The Veteran contends that he has a right upper extremity neurological disability that had its onset during service, or alternatively, is the result of his herbicide agent exposure during service. He has been diagnosed with peripheral neuropathy and carpal tunnel syndrome. He had active service in the Republic of Vietnam during the Vietnam era, and is presumed to have been exposed to herbicide agents. Service connection for peripheral neuropathy is presumed to be associated with such exposure if it manifests to a compensable degree within one year of the Veteran's last exposure. The pertinent question is whether the Veteran's neuropathy or carpal tunnel syndrome had its onset during service or within one year of his service in Vietnam. The Board concludes that they did not. In an April 2011 statement, the Veteran reported that he first had symptoms in Vietnam. He described experiencing tingling and "pins and needles" in his right and fingers. He sought medical attention and was told that he was "spending too much time on the machine gun." During an August 2021 VA examination, he further stated that the treating medic told him that damage to his wrists was most likely caused by using a pod-mounted machine gun which jarred his hands and wrists. The Board has considered these statements. However, the Veteran's service treatment records, including his January 1969 separation examination, are negative for any complaints, treatment or diagnoses related to the right arm, including any tingling, pins and needles, or other neurological symptoms. The absence of any documented complaints in service is generally not sufficient to reject lay testimony asserting that symptoms were present at the time. However, the Veteran's service treatment records do reference other conditions, including a rash, flu, ringworm, tonsillitis, hernia, ear pain, gastrointestinal issues and hiccups. In other words, it appears that he was actively reporting a variety of health concerns. Moreover, his separation examination specifically noted his rash, hernia and hearing loss conditions. The fact that there is no mention of any right upper extremity symptoms strongly suggests that no such symptoms were present in service. See AZ v. Shinseki, 731 F.3d 1303, 1318 (Fed. Cir. 2013) (recognizing the widely-held view that the absence of an entry in a record may be considered evidence that the fact did not occur if it appears that the fact would have been recorded if present). In addition, VA treatment records from May 2001 show the Veteran reported seeking treatment in 1997. He indicated that, at that time, his hands were going to sleep at night and turning white during the day. He did not report that his condition had been present for any period of time prior to then, including dating back to 1969. In sum, there is no credible evidence that neuropathy or carpal tunnel syndrome had its onset during service or within one year of the Veteran's exposure to herbicide agents. Finally, several VA examiners concluded that the current disabilities were not related to service based on the absence of any pertinent findings in the service treatment records. To the extent that these opinions did not reference the Veteran's lay testimony regarding symptoms in service, they are still valid as the Board has concluded that his testimony is not probative. For these reasons, service connection for a right upper extremity neurological disability is not warranted. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shamil Patel, 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.