Citation Nr: 21021846 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 16-27 641 DATE: April 14, 2021 ORDER Entitlement to service connection for rheumatoid arthritis is denied. FINDING OF FACT Rheumatoid arthritis was not present during active service, did not manifest to a compensable degree within one year of separation from active service, and is not a disability presumed to be related to exposure to herbicide agents. CONCLUSION OF LAW The criteria for entitlement to service connection for rheumatoid arthritis have not been met. 38 U.S.C. §§ 1101, 1110, 1112, 1131; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1969 to June 1977 in the United States Navy, including service in the Republic of Vietnam with additional service in the Naval Reserve until 1996. This appeal comes before the Board of Veterans’ Appeals (Board) from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Veteran contends that his rheumatoid arthritis is due to his exposure to herbicide agents in Vietnam. 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). Where a Veteran served for at least 90 days during a period of war and manifests certain disabilities to a degree of 10 percent within one year from the date of separation from that service, that disability shall be presumed to have been incurred in service, even though there is no evidence of the disability during the period of service. 38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307, 3.309. Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). If a veteran was exposed to herbicide agents during active service and manifests certain disabilities to a compensable degree any time after such service, those disabilities will be service connected even though there is no record of such disease in service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are satisfied. 38 C.F.R. §§ 3.307(a)(6), 3.309(e). However, rheumatoid arthritis is not a disability presumed to be related to exposure to herbicide agents. The Veteran has a current diagnosis of rheumatoid arthritis as evidenced by a rheumatology consult note in July 2013. Arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331. Review of the record shows that the Veteran had service in Vietnam, and thus he is presumed to have been exposed to herbicide agents during active service. However, the Board notes that rheumatoid arthritis is not a disability that is presumed to be related to exposure to herbicide agents. Therefore, presumptive service connection based on exposure to herbicide agents is not applicable in this case. However, that does not preclude the Board from considering whether the Veteran’s rheumatoid arthritis is directly related to his active service, to include his exposure to herbicide agents. The Veteran’s service treatment records are silent for complaints of, or treatment for, symptoms that could be associated with a diagnosis of rheumatoid arthritis while the Veteran was in active service. Further, he was not diagnosed with rheumatoid arthritis during active service, nor within one year of separation from active service. The disability was not shown as chronic in service, did not manifest to a compensable degree within a presumptive period and was not noted in service with attributable continuity of symptomatology. VA treatment records show the Veteran was not diagnosed with rheumatoid arthritis until July 2013, decades after his separation from service and decades outside of the applicable presumptive period. As the Veteran’s rheumatoid arthritis did not manifest until 30 years after his separation from service, presumptive service connection is not applicable in this case. 38 C.F.R. § 3.309(a). The Veteran was afforded a VA examination in December 2020. At that time, the examiner confirmed the diagnosis of rheumatoid arthritis. The examiner indicated that the Veteran’s claims file did not show any entry for an injury, event, or disease in service, and that the Veteran’s examinations were normal, other than a complaint of mild elbow swelling on one occasion. The examiner opined that it was less likely than not that the Veteran’s rheumatoid arthritis was related to an in-service injury, event, or disease, including exposure to herbicide agents. The examiner noted that to date, there is no research data to suggest a causal relationship between herbicide agents and rheumatoid arthritis. The Veteran did not provide any evidence, to include medical research, that would support his contention that his rheumatoid arthritis could in some way be related to his exposure to herbicide agents. While the Veteran is competent to report observable symptomatology, he is not competent to link his current diagnosis of rheumatoid arthritis to his active service, to include exposure to herbicide agents sustained therein. Opinions of that nature require medical expertise and are outside the realm of common knowledge of a layperson, and the record does not indicate that the Veteran has that expertise. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the December 2020 VA examination. Accordingly, the Board finds that the preponderance of the evidence is against the claim and entitlement to service connection for rheumatoid arthritis is not warranted. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Erin Trojanowski Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Geer, Associate 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.