Citation Nr: 21031671 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 20-08 116 DATE: May 24, 2021 ORDER Service connection for Crohn's disease is denied. Service connection for right lower extremity (RLE) blood clots is denied. Service connection for high blood pressure is denied. Service connection for prostate problems is denied. Service connection for a left-hand disorder is denied. Service connection for bilateral lower extremity (BLE) circulation problems is denied. FINDINGS OF FACT 1. Crohn's disease was not shown in service, or for several years thereafter, and is not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. 2. RLE blood clots were not shown in service, or for several years thereafter, and are not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. 3. High blood pressure was not shown in service, or for several years thereafter, and is not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. 4. Prostate problems were not shown in service, or for several years thereafter, and are not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. 5. A left-hand disorder was not shown in service, or for several years thereafter, and is not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. 6. BLE circulation problems were not shown in service, or for several years thereafter, and are not otherwise related to active duty service, to include as due to chlorine/tear gas exposure. CONCLUSIONS OF LAW 1. The criteria for service connection for Crohn's disease have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for RLE blood clots have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for high blood pressure have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for prostate problems have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 5. The criteria for service connection for a left-hand disorder have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 6. The criteria for service connection for BLE circulation problems have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1963 to September 1965. In June 2020, the Board remanded the current claims for additional development. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). There are three requirements to establish service connection: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). For chronic diseases, service connection may be established if there was manifestation during and after service absent an intercurrent cause. 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Continuity of symptomatology after service is required if the disease was noted but not chronic or chronicity was questionable during service. Id.; Savage v. Gober, 10 Vet. App. 488 (1997). A rebuttable presumption of service connection exists for chronic diseases when a veteran served for 90 days or more during a period of war or after December 31, 1946, and the disease manifested, whether or not it was diagnosed, to a compensable degree within the first year after service. 38 U.S.C. §§ 1112, 1113, 1153; 38 C.F.R. §§ 3.307, 3.309. When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the appellant prevailing in either event, or whether a fair preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). Entitlement to service connection for Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems. The Veteran seeks service connection for Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems. After a thorough review of the record and considering the legal criteria above, the Board finds that, while the record is unclear as to whether the Veteran has a current diagnosis for Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems, the evidence does not show that these disorders were incurred in service, within one year of his separation from service, or are otherwise related to his service, to include an in-service incurrence, event, or injury. The Veteran's service treatment records (STRs), to include his August 1965 separation examination, are silent for any complaints, findings, treatment, or diagnoses related to Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems. The Veteran's reserve examinations dated in November 1970, December 1974, and October 1982 are also silent for any complaints, findings, treatment, or diagnoses related to Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems. Notably, the Veteran has not otherwise contended (nor has he submitted competent evidence to show) that he suffered from these disorders continuously since service. See 38 C.F.R. § 3.303(b). Consequently, service connection for Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems on the basis that such became manifest in service and persisted, or on a presumptive basis (as a chronic disease under 38 U.S.C. § 1112), is not warranted. Service connection for Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems may still be granted on a direct basis; however, the preponderance of the evidence is against finding that a medical nexus exists between these disorders and the Veteran's military service. 38 U.S.C. §§ 1110; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). In this regard, there is simply no competent/probative evidence to establish that a nexus exists between Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems and the Veteran's active duty service. The Board acknowledges the Veteran's contention that these disorders are related to his exposure to chlorine/tear gas during Chemical Biological and Radiological (CBR) training. See February 2020 Statement in Support of Claim. The Board also acknowledges that the Veteran's service personnel records document that he attended the CBR school. However, as a lay person, the Veteran is not competent to provide a medical opinion as to the relationship between Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems and his exposure to chlorine/tear gas. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). Moreover, in the absence of competent (to include medical) evidence, the Veteran's unsubstantiated and conclusory statements are not sufficient to establish a nexus. Waters v. Shinseki, 601 F.3d 1274 (Fed. Cir. 2010). Nevertheless, to address the question of whether the Veteran's claimed disorders were otherwise related to his active duty service, to include chlorine/tear gas exposure, VA procured January 2021 VA medical opinions. The same VA examiner evaluated all of the claimed disorders. The examiner rendered negative nexus opinions and explained that exposure to chlorine or tear gas, in and of itself, was not a known risk factor for developing the claimed disorders. The examiner also noted that he reviewed the Veteran's claims file and could find no evidence supporting the premise that these disorders had their onset during service or were otherwise related to an in-service injury, event, or disease. The Board finds the examiner's opinions to be probative, as they were based on a thorough review of the Veteran's claims file. There is also no competent evidence to the contrary. Based on the foregoing, the Board finds that the preponderance of the evidence is against a finding that the Veteran's Crohn's disease, RLE blood clots, high blood pressure, prostate problems, left hand disorder, and BLE circulation problems were manifest during active service, within one year of service, or are otherwise related to active duty service, to include any in-service exposure to chlorine/tear gas. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Metzner, Paul 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.