Citation Nr: 21027483 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 15-16 103 DATE: May 5, 2021 ORDER Entitlement to service connection for cardiac dysfunction is denied. FINDING OF FACT The Veteran does not have a current disability of cardiac dysfunction. CONCLUSION OF LAW The criteria for entitlement to service connection for cardiac dysfunction has not been met. 38 U.S.C. § 1110, 1131, 5107; 38 C.F.R. § 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1986 to June 1993, with follow up mobilizations to Kuwait in 2003 and Iraq in 2004. This appeal comes to the Board of Veterans' Appeals (Board) from a December 2014 rating decision of the Department of Veterans' Affairs (VA) regional office (RO). In June 2020, the matter was remanded from the Board. Entitlement to service connection for cardiac dysfunction Generally, direct service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303(a). Service connection requires: (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. See Shedden v. Principi, 381 F.3d 1163, 1166-1167 (Fed. Cir. 2004). The Veteran contends he has cardiac dysfunction related to his active service. The record indicates the Veteran was medically evacuated during service, while overseas, to Germany in 1991. During the evaluation, myocardial infarction was ruled out and he was diagnosed with self-limited pericarditis. The record also indicates the Veteran was evaluated for chest pains while in service which were categorized as "stress related." The requirement of a current disability is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed, or recent to or during the pendency of that claim. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). Here, the claim was filed in January 2014. The record does indicate instances of the Veteran experiencing chest pain during the appeal period. In 2016 the Veteran reported he had difficulty breathing at work as well as chest pain that lasted about twenty minutes. In 2020 the Veteran was consulted for relatively sudden chest pain that lasted three to four hours. Treatment records during the appeal period indicate that the Veteran may have been experiencing symptoms of gastrointestinal disorders, including esophagitis, rather than cardiac chest pain. See, e.g., July 2019 treatment record. In a May 2020 treatment record, the Veteran described unbearable chest pain that kept him home from work and stated, "My guess is my esophagus." The Board notes that separate service connection claims for several gastrointestinal complaints were denied in an August 2020 rating decision. If the Veteran wishes to request review of these denials, he is still within the one year appeal period and should file the appropriate form to request review. The Veteran received a VA examination in October 2020, per the Board remand. The examiner stated the Veteran had pericarditis in 1993 that was self-limiting and from which he had no residuals. The examiner further stated the Veteran does not have an active cardiac condition. The examiner noted the Veteran was recently evaluated at a VA medical center. He underwent multiple cardiac evaluations, including stress tests and echocardiograms, all of which were negative. As a result, "cardiology feels he has no active or significant cardiac disease." The Veteran was also able to do a full Bruce protocol to target heartrate with over 10 METS without chest pain, EKG changes, or nuclear medicine ischemia. Further, the examiner stated the Veteran denied any chest pain or cardiac issues. Pain without a diagnosis can constitute a current disability if the pain results in functional impairment in earning capacity. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The Federal Circuit limited its holding in Saunders, stating "we do not hold that a Veteran could demonstrate service connection simply by asserting subjective painto establish a disability, the veteran's pain must amount to a functional impairment. To establish the presence of a disability, a veteran will need to show that her pain reaches the level of a functional impairment of earning capacity." Id. at 1367. While the Veteran reported chest pain, and even staying home from work on occasion due to that pain, there is no evidence that it caused functional impairment of earning capacity. The instances of chest pain alone without showing functional impairment of earning capacity is not enough to establish a current disability. See Saunders. While the Veteran believes he has a current cardiac disability, the supporting evidence does not corroborate this assertion. Further, as the Veteran is a lay person who has not demonstrated medical expertise, he is not competent to provide a diagnosis of a current cardiac disorder. The issue of diagnosing a cardiac disorder is medically complex and requires specialized medical education with the ability to interpret complicated diagnostic medical testing. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Given the finding of no current disability, the preponderance of evidence is against the Veteran's claims of entitlement to service connection for a cardiac disability. Consequently, the benefit of the doubt doctrine does not apply, and the claim must be denied. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Brewer, 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.