Citation Nr: 21077033 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 06-28 765 DATE: December 28, 2021 ORDER Entitlement to service connection for a respiratory disability is denied. Entitlement to service connection for a limb joint disability is denied. Entitlement to service connection for a headache disability is denied. Entitlement to service connection for aortic sclerosis is denied. FINDINGS OF FACT 1. A respiratory disability was not manifest during active service and is not otherwise attributable to service. 2. A limb joint disability was not manifest during active service and is not otherwise attributable to service. 3. A headache disability was not manifest during active service and is not otherwise attributable to service. 4. Aortic sclerosis was not manifest during active service and is not otherwise attributable to service. CONCLUSIONS OF LAW 1. A respiratory disability was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. A limb joint disability was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. A headache disability was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. Aortic sclerosis was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1960 to November 1982. This case was previously before the Board in February 2018, at which time it was remanded for further development. The directives having been substantially complied with, the matter again is before the Board. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). The February 2018 Board decision remanded the issues for VA examinations. After several attempts at scheduling, the Veteran canceled his examinations in April 2021. He also indicated his intent to withdraw his appeal. However, no written withdrawal was submitted; therefore, the appeal is still before the Board. Service Connection To establish service connection a Veteran must generally 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, 1167 (Fed. Cir. 2004). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). 1. Entitlement to service connection for a respiratory disability The Veteran contends that he has a respiratory disability that is related to his active service. The issue for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to service. Service treatment records show periodic complaints and treatment for cough and sore throat. The Veteran endorsed pain and pressure in chest at separation. Post-service medical records show respiratory complaints. The Veteran continues to report periodic coughing and chest pain. No medical records relate the Veteran's current symptoms to his symptoms during service. As the Veteran elected not to attend his VA examination, information regarding the nature of the Veteran's respiratory disability, if any, and any potential relationship to his service, is not available. The Veteran believes his current respiratory symptoms are related to his service. However, he is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of pathology. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Accordingly, the Board finds that the preponderance of the evidence weighs against a finding that the Veteran has a current respiratory disability that is related to his service. The evidence is not in approximate balance. 2. Entitlement to service connection for a limb joint disability The Veteran contends that he has a limb joint disability that is related to his active service. The issue for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to service. Service treatment records show the Veteran reported shoulder tenderness. He endorsed joint pain at separation. Post-service medical records show shoulder complaints. An April 2004 x-ray showed no osseous or joint changes in the right shoulder. No medical records relate the Veteran's current symptoms to his symptoms during service. The Veteran continues to report joint pain in his shoulders. As the Veteran elected not to attend his VA examination, information regarding the nature of the Veteran's limb joint disability, if any, and any potential relationship to his service, is not available. The Veteran believes his current joint symptoms are related to his service. However, he is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of pathology. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Accordingly, the Board finds that the preponderance of the evidence weighs against a finding that the Veteran has a current limb joint disability that is related to his service. The evidence is not in approximate balance. 3. Entitlement to service connection for a headache disability The Veteran contends that he has a headache disability that is related to his active service. The issue for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to service. Service treatment records do not show complaints or treatment for headaches during service. At separation the Veteran denied frequent or severe headaches. Post-service medical records show complaints of headaches. The Veteran continues to report ongoing headaches. Treatment records are not clear on the etiology of the Veteran's headaches, but no medical records relate the Veteran's current symptoms to his symptoms during service. As the Veteran elected not to attend his VA examination, information regarding the nature of the Veteran's headache disability, if any, and any potential relationship to his service, is not available. The Veteran believes his current headaches are related to his service. However, he is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of pathology. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Accordingly, the Board finds that the preponderance of the evidence weighs against a finding that the Veteran has a current headache disability that is related to his service. The evidence is not in approximate balance. 4. Entitlement to service connection for aortic sclerosis The Veteran contends that he has aortic sclerosis that is related to his active service. The issue for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to service. Service treatment records do not show complaints or symptoms of aortic sclerosis. At separation the Veteran's heart was normal. He denied dizziness and shortness of breath. Post-service medical records show a diagnosis of aortic sclerosis. No medical records relate the Veteran's aortic sclerosis to his symptoms during service. As the Veteran elected not to attend his VA examination, information regarding the nature of the Veteran's aortic sclerosis and any potential relationship to his service, is not available. The Veteran believes his current aortic sclerosis are related to his service. However, he is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of pathology. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Accordingly, the Board finds that the preponderance of the evidence weighs against a finding that the Veteran has a current aortic sclerosis that is related to his service. The evidence is not in approximate balance. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Creegan, Amanda 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.