Citation Nr: 21013550
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 16-45 791
DATE: March 9, 2021

ORDER

Entitlement to service connection for “bacterial infection all over his body” to include urethritis is denied.

FINDING OF FACT

The Veteran’s “bacterial infection all over the body” to include urethritis is a symptom of his service-connected Reiter’s syndrome and is not a separate disability for which service connection can be granted.  

CONCLUSION OF LAW

The criteria for service connection for a bacterial infection all over the body have not been met. 38 U.S.C. § 1131, 5107(b); 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service in the U.S. Navy from April 1979 to November 1982.

Entitlement to service connection for bacterial infection all over the body.

The Veteran contends that he suffers from what he describes as a bacterial infection all over his body. He asserts it is related to his active service.    

The Board finds that the preponderance of evidence shows that the Veteran’s bacterial infection is a component of his Reiter’s syndrome and is not a separate medical condition for which service connection can be granted. 

The Veteran’s medical records do not contain an independent diagnosis of any bacterial infection. Furthermore, VA provided a VA examination in March 2020 to investigate his contentions surrounding his bacterial infection. This March 2020 examiner opined that the Veteran had no bacterial infection but noted that Reiter’s syndrome presents with conjunctivitis and urethritis. The Board notes that at the Veteran’s August 2019 hearing when questioned about the any clinical diagnosis the Veteran has received that define his “bacterial infection;” the Veteran responded “[t]hey just call it a bacterial infection.  And down the years it done changed so many times to urethritis.”

Based on the above and remaining evidence, the Board finds that the Veteran’s bacterial infection to include urethritis is a symptom of his service connected Reiter’s syndrome for which the Veteran is already service-connected and receiving compensation at a 100 percent rating. This disability is evaluated under Diagnostic Code 5002 which specifically contemplates constitutional manifestations associated with active joint involvement. (Emphasis added) 38 C.F.R. § 4.71a, Diagnostic Code 5002. Considering the diagnostic rating code contemplates constitutional manifestation and the March 2020 examiner’s opinion that his complaints are congruent with the clinical presentation of Reiter’s syndrome, the Board finds that the Veteran’s symptom of bacterial infection is contemplated pursuant to the appropriate rating schedule for that disability and separate compensation would constitute double compensation for the same symptoms and violate the rule against pyramiding. See 38 C.F.R. § 4.14. 

In other words, the evidence shows that the Veteran’s claim fails because his “bacterial infection” is a symptom of his Reiter’s syndrome, and since it is a compensated as a constitutional manifestation, he cannot be compensated again because it would be violation of the rule of compensating twice for the same symptoms (i.e. rule against pyramiding).

For these reasons, the claim for service connection for “bacterial infection all over the body” must be denied. Because the preponderance of the evidence is against the claim, the benefit of the doubt doctrine is not for application. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

GAYLE E. STROMMEN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Acosta, 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.