Citation Nr: 21077425 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 18-06 137A DATE: December 29, 2021 ORDER Entitlement to service connection for a left kidney disability is denied. FINDING OF FACT At no time during the appeal period has the Veteran had a chronic kidney disability or functional impairment related to such. CONCLUSION OF LAW The criteria for service connection for a left kidney disability have not been met. 38 U.S.C. §§ 1101, 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 2007 to May 2009; and from November 2010 to January 2012. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the electronic claims file. In April 2021, this matter, along with 5 additional service connection issues (lumbar spine, right shoulder, bilateral knee, eye disabilities), was remanded for further development. The Board observes that in August 2021 and September 2021 rating decisions, the RO granted service connection for these remaining issues. As such, these issues are no longer before the Board. 1. Entitlement to service connection for a left kidney disability 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. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Congress has specifically limited entitlement to service connection for disease or injury to cases where such incidents have resulted in disability. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Thus, a necessary element for establishing any claim for entitlement to service connection, whether on a direct or secondary basis, is the existence of a current disability. See Degmetich v. Brown, 104 F.3d 1328 (1997) (holding that § 1110 of the statute requires the existence of a present disability for VA compensation purposes); see also Gilpin v. West, 155 F.3d 1353 (Fed. Cir. 1998); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); Rabideau v. Derwinski, 2 Vet. App. 141, 144 (1992). For a disability to be service connected, it must be present at the time a claim for VA disability compensation is filed or during or contemporary to the pendency of the appeal. McClain v. Nicholson, 21 Vet. App. 319 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). The record does not establish that the Veteran has a confirmed diagnosis of a left kidney disability during the appeal period. In this regard, he filed the claim for service connection in February 2012. Indeed, service treatment records as well as post-service treatment records show no complaints of or treatment for a left kidney disability. During July 2021 VA examination, the Veteran reported that he has random sharp intermittent pain to his left kidney. He asserts that he had a left kidney injury during an ambush when his vehicle drove over an IED that caused an explosion. Physical examination was unremarkable. After reviewing the claims file, to include all treatment records, reporting the Veteran's complaints and history, and examining the Veteran, the examiner indicated that there was insufficient objective evidence and therefore no diagnosis is rendered. She indicated that the abnormal diagnostic results are incidental and not a significant indicator of any pathology with the exception of possible dehydration. Therefore, a left kidney disability has not been shown during the appeal period. The Board has considered the Veteran's lay statements that he has a current left kidney disability. He is competent to report symptoms because this requires only personal knowledge as it comes to him through his senses. The Board observes; however, he is not competent to render a diagnosis of left kidney disability or offer an opinion as to the etiology of this claimed disorder due to the medical complexity of the matter involved. Such competent evidence has been provided by the clinical evidence and the VA examination obtained and associated with the claims file. Here, the Board attaches greater probative weight to the clinical findings than to the Veteran's statements. Finally, the Board acknowledges the Veteran's complaints of sharp intermittent pain. The Board recognizes that pain resulting in functional impairment, even if there is no identified underlying diagnosis, can constitute a disability. See Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018). In this case, there is no functional impairment. The July 2021 VA examiner commented that the Veteran did not experience functional impairment related to any kidney disabilities. In light of the above, the preponderance of the evidence is against the claim for service connection and there is no doubt to be otherwise resolved. As such, the appeal is denied. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. McPhaull, 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.