Citation Nr: 21067887 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 14-35 570A DATE: November 5, 2021 ORDER Entitlement to service connection for diabetes is denied. FINDING OF FACT The Veteran's diabetes is not etiologically related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for diabetes have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1981 to September 1988. He appeals a February 2014 rating decision denying entitlement to service connection for diabetes mellitus. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304, 3.307, 3.309, 3.310. 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). 1. Entitlement to service connection for diabetes. The Veteran contends that his diabetes is related to active service. After a review of the evidence, the Board finds that service connection is not warranted. A review of the Veteran's service treatment records does not reveal treatment for diabetes. The Veteran was treated in August 1984 for occasional episodes of dizziness and syncope when "standing up quick." The Veteran was also counseled several times during service for being at or near maximum weight standards. The Veteran was diagnosed with diabetes in July 1992. The Veteran asserts that diabetes symptoms began during active service. To this end, he points to an instance from August 1984 when he was treated for occasional episodes of dizziness and syncope when standing up quickly. In addition, he argues that his eye problems, diagnosed in 1987, are attributable to his diabetes. Post-service medical records however, do not show treatment for or complaints of diabetes related symptoms between the Veteran's separation from active service and his diabetes diagnosis, over 3 years later. Post-service records do show that the Veteran admitted to gaining 70 lbs. immediately after service, which he maintained through the time of his diabetes diagnosis. Overall, the evidence does not demonstrate a continuity of diabetes symptoms since service. As to nexus, the Veteran was afforded VA examinations in February and September 2021. Per a June 2021 Board remand, the September 2021 VA examiner made several attempts to contact the Veteran, but was informed by his spouse that he is in assisted living and incapable of correspondence. As such, additional lay evidence which may have aided the Veteran's claim was unavailable for review. After a comprehensive review of the claims file, the September 2021 examiner concurred with the February 2021 VA examiner that the Veteran's diabetes was less likely than not related to service. In this regard, the September 2021 VA examiner determined that it was less likely than not that the Veteran manifested signs and symptoms of diabetes mellitus in service or within a year of separation from service. The examiner noted, and supported with adequate reasoning, that none of the Veteran's in-service symptomatology, to include episodes of dizziness, excessive weight, or eye problems is medically attributable to the Veteran's diabetes. Regarding the August 2005 private opinion noting that the Veteran's diabetes likely predated his July 1992 diagnosis, the VA examiner noted that the opinion was rendered without evidence that pertinent medical records were reviewed, to include service treatment records. Based on the foregoing, the Board finds that a nexus between the Veteran's diabetes and active service has not been established. The Board recognizes the statements from the Veteran regarding his history of symptoms since service. While the Veteran is competent to report that he experienced certain symptoms, he is not competent to provide a diagnosis in this case or determine that these symptoms were manifestations of a particular disorder. See Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Therefore, the unsubstantiated statements regarding the claimed diagnosis and etiology of the Veteran's hypertension are found to lack competency. The Board affords significant weight to the September 2021 VA examiner. The opinion was rendered by a qualified medical professional after review of the claims file and application of the evidence to current medical knowledge. In summary, the preponderance of the evidence weighs against finding that the Veteran's diabetes is related to active service. Accordingly, service connection is not warranted and the claim is denied. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Daniel Ballinger, Associate Counsel