Citation Nr: 21068145 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 16-11 205 DATE: November 9, 2021 ORDER Service connection for colorectal disability manifested by colon polyps and diverticulosis is granted. FINDING OF FACT The Veteran's colorectal disability began while he was on active duty and continued since that time. CONCLUSION OF LAW The criteria for service connection of colorectal disability manifested by colon polyps and diverticulosis are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from September 1969 to September 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this claim for additional development in August 2021. SERVICE CONNECTION The Veteran seeks service connection for a colorectal disability. Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 U.S.C. § 3.303. To establish service connection for the claimed disorder, the following criteria must be met: (1) evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. See 38 C.F.R. § 3.303; see also Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). The Board finds service connection for a colorectal disability is warranted because the disability had its onset in service and has continued since that time. The Veteran has a diagnosis of colon polyps and diverticulosis. See January 2020 VA examination. Throughout the appeal period, the Veteran contends that he had difficulty with his colorectal area, resulting in pain that began in service. He reports that while in service he sought medical attention for his condition. A 1973 letter the Veteran wrote while on active duty to his wife, details his pain. He reports that he was at sick bay and was concerned the doctor would need to do a physical examination of his rectal area. Without physical examination and after looking at his rectal area, the doctor determined that the Veteran had hemorrhoids. The Board notes that there are no imaging test results of the Veteran's colorectal area at that time. The Veteran reports that even after this diagnosis and management he continued to have issues with his colorectal area. See April 2014 statement in support of claim. Upon imaging studies, Veteran was diagnosed with a colorectal condition. In October 1988, the Veteran underwent a colonoscopy that resulted in a diagnosis of polyps of the rectum and erythema. At this time, the physician noted that the Veteran's disability was manifested by pain and rectal bleeding. See October 1988 private treatment records. The Board finds that the Veteran's report of in-service onset of a colorectal disability is both competent and credible. Flynn v. Brown, 6 Vet. App. 500, 503 (1994). These statements are entitled to probative weight, as they are internally consistent and have remained consistent throughout the appeal period and are facially plausible given the Veteran's letter to his wife and diagnosis after the first imaging diagnostic testing. See Caluza v. Brown, 7 Vet. App. 498, 511 (1995) (when determining whether lay evidence is satisfactory, the Board may properly consider, internal consistency, facial plausibility, and consistency with other evidence submitted on behalf of the client). The Board notes the January 2020 VA examiner's negative nexus is entitled to limited probative weight because its rationale is based on an inaccurate factual predicate, namely that the Veteran was not diagnosed with a colorectal disability until 2013. The September 2021 VA examiner's negative nexus is also entitled to limited probative weight because it also relies on an inaccurate factual predicate, that the Veteran did not seek any treatment for this condition in or post service. Given the competent and credible evidence indicating that the Veteran colorectal disability symptoms began in service and have continued since that time, the Board finds service connection is warranted. Flynn, 6 Vet. App. at 503. K.A. KENNERLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ijitimehin, Kemi D. 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.