Citation Nr: A21019963 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 210604-164083 DATE: December 15, 2021 ORDER Entitlement to service connection for gonorrhea is denied. REMANDED Entitlement to service connection for herpes simplex is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had gonorrhea at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for gonorrhea are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from March 1987 to August 1990. The rating decision on appeal was issued in May 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the July 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Entitlement to service connection for gonorrhea The Veteran contends that he has gonorrhea that is related to his military service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 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). The question 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 an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis of gonorrhea and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). While the Veteran believes he has a current diagnosis of gonorrhea, he is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Consequently, the Board gives more probative weight to the competent medical evidence. Therefore, entitlement to service connection for gonorrhea is not warranted. In reaching the above conclusions, the Board has considered the applicability of the benefit of the doubt doctrine. However, as the preponderance of the evidence is against the Veteran's claim, that doctrine is not applicable in the instant appeal. See 38 U.S.C. § 5107 (b). REASONS FOR REMAND Entitlement to service connection for herpes simplex is remanded. The Veteran contends that his herpes simplex is related to his military service. The Board notes that the Veteran has a current diagnosis of herpes as documented in a February 2021 VA treatment record. Additionally, the Veteran was seen in service for complaints of a sexually transmitted disease (STD). Additionally, the Veteran has stated throughout the record that he believes that the STD he was treated for in service is the same STD he currently is diagnosed with. The issue of entitlement to service connection for herpes simplex is remanded to correct a duty to assist error that occurred prior to the May 2021 rating decision on appeal. The Agency of Original Jurisdiction (AOJ) failed to obtain a medical opinion prior to the May 2021 rating decision on appeal. Therefore, on remand the Veteran should be afforded an opportunity to undergo a VA examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of the Veteran's currently diagnosed herpes simplex. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's currently diagnosed herpes simplex is related to an in-service injury, event, or disease, including in-service treatment for a sexually transmitted disease. All opinions provided must be thoroughly explained and an adequate rationale for any conclusions reached must be provided. The examiner should not rely on the absence of evidence of in-service treatment or injury in the Veteran's service treatment records as a basis for any given opinion. If any requested opinion cannot be provided without resort to speculation, the medical professional should state and explain why an opinion cannot be provided without resort to speculation. 2. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mountford, 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.