Citation Nr: 21072721 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 17-12 453 DATE: December 6, 2021 ORDER Entitlement to service connection for diabetes mellitus is denied. Entitlement to service connection for left lower extremity neuropathy is denied. Entitlement to service connection for right lower extremity neuropathy is denied. Entitlement to service connection for HIV is denied. FINDINGS OF FACT 1. The Veteran's diabetes mellitus is not related to service. 2. The Veteran's left lower extremity neuropathy is not related to service. 3. The Veteran's right lower extremity neuropathy is not related to service. 4. The Veteran's HIV is not related to service. CONCLUSIONS OF LAW 1. The criteria for service connection for diabetes mellitus have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for left lower extremity neuropathy have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for right lower extremity neuropathy have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for HIV have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1984 to December 1986. This matter comes before the Board of Veterans' Appeals (Board) from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). At his request, the Veteran was scheduled for a videoconference Board hearing to be held in March 2020. However, the Veteran failed to report for the hearing, and neither furnished an explanation for his failure to report, nor requested a postponement or another hearing. As such, the Veteran's hearing request is deemed withdrawn. 38 C.F.R. § 20.603. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an 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, the so-called "nexus" requirement. See 38 U.S.C. § 1131; 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Entitlement to service connection for diabetes mellitus 2. Entitlement to service connection for left lower extremity neuropathy 3. Entitlement to service connection for right lower extremity neuropathy 4. Entitlement to service connection for HIV The Veteran contends that his diabetes mellitus, bilateral lower extremity neuropathy, and HIV is related to his military service. The Veteran's service treatment records (STRs) are silent for any complaints, treatment, or diagnosis of diabetes mellitus, bilateral lower extremity neuropathy, and HIV disabilities. At his October 1986 separation examination, no pertinent abnormalities were noted. Post-service treatment records similarly do not reflect that diabetes mellitus, bilateral lower extremity neuropathy, and HIV disabilities are related to or may be associated with his active duty. The evidence of record demonstrates treatment for diabetes mellitus in 2003, approximately 17 years after service, HIV treatment in 2000, approximately 14 years after service, and the Veteran reported his neuropathy began in 2008, approximately 22 years after service. Here, the evidence of record does not contain medical evidence or lay statements indicating that the Veteran's diabetes mellitus, bilateral lower extremity neuropathy, and HIV had its onset in service with a continuation since service. In this regard, the Veteran has not been afforded a VA examination in connection with these claims. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). However, because the service treatment records contain no indication of a pertinent in-service injury, event or illness, the Veteran did not indicate that he experienced diabetes mellitus, bilateral lower extremity neuropathy, and HIV symptoms in service, and the post-service lay and medical evidence does not indicate that there may be an association between the current disabilities and service, a VA examination is not required in this case, even under the low threshold of McLendon. The only evidence of such an association are conclusory generalized lay statements and that is not enough to warrant a VA examination. Waters v. Shinseki, 601 F.3d 1274, 1278-79 (Fed. Cir. 2010). Based on the foregoing, the preponderance of the evidence is against a relationship between any diabetes mellitus, bilateral lower extremity neuropathy, and HIV disabilities and the Veteran's active duty service. As the preponderance of the evidence is against the claims, the benefit of the doubt doctrine is not for application. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Rachel Walker Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Hofmeister 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.