Citation Nr: 21028347 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 14-31 680A DATE: May 11, 2021 ORDER Entitlement to service connection for a back condition is denied. FINDING OF FACT There is no evidence of a current low back condition. CONCLUSION OF LAW The criteria for service connection for a back condition have not been met. 38 U.S.C. §§ 1110, 1131, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 2002 to July 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a June 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2015, the Board remanded the appeal to allow the RO to schedule the Veteran for a requested videoconference hearing. The Veteran was scheduled for her hearing on May 2, 2019. However, the Veteran did not appear at a hearing before the Board. As such, the request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.704(d) (2020). The Board notes that the Veteran was previously represented by Kenneth L. LaVan, Esq. In May 2018, that attorney notified VA that he was withdrawing from the case. Under 38 C.F.R.§ 14.631 (c) (2020), a Veteran's attorney may withdraw representation before an agency of original jurisdiction (AOJ) if such withdrawal would not adversely impact the Veteran's interests. Such a withdrawal requires notification in writing to the Veteran, the AOJ, and the VA organization in possession of the Veteran's claims file. In this case, the attorney notified both the Veteran and the RO, who was both the AOJ and the VA organization in possession of the Veteran's claims folder. Additionally, there is no indication, and the Veteran has not alleged that the withdrawal would adversely affect her interests. Thus, the requirements of 38 C.F.R. § 14.631 (c) were satisfied. Entitlement to service connection for a back condition is denied. The Veteran asserts that she has a current low back condition that is related to, or caused by service. See January 2011 VA 21-526 Application for Compensation or Pension. However, the evidence of record fails to demonstrate a current disability. In her January 2011 claim for compensation, the Veteran denied seeking treatment at a VA medical facility for a back condition. Nor did she or her previous attorney submit private treatment records or authorize the VA to obtain any such records following the RO's May 2011 request. See Wood v. Derwinski,1 Vet. App. 190 (1991) ("The duty to assist is not a one-way street."). Insomuch as the Veteran has attempted to establish a diagnosis of a low back condition through her own lay assertion, the Board finds that the Veteran is not competent to diagnose that she has a current diagnosis of a low back condition due to the medical complexity of the matter. Jandreau v. Nicholson, 492 F.3d 1372, 1377, n.4 (Fed. Cir. 2007). While she is competent to report that she has back pain, she is not competent to diagnose a back condition or opine as to functional impairment in earning capacity. Importantly, service connection may only be granted for a current disability; when a claimed disability is not shown, there may be no grant of service connection. "In the absence of proof of a present disability there can be no valid claim." See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Here, the record contains no current diagnosis of a low back condition. As there is no evidence of a current disability, a discussion of any in-service incurrence or aggravation of a disease or injury, or nexus, is unnecessary. Because there is no evidence of a current disability for which service connection may be granted, the claim is denied. R. Erdheim Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Roya Bahrami, 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.