Citation Nr: 22017607 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 16-06 524 DATE: March 25, 2022 ORDER Service connection for a throat disability, to include chronic throat inflammation and dysphagia, is granted. FINDING OF FACT The Veteran's throat disability, chronic throat inflammation, to include dysphagia, had its onset in service. CONCLUSION OF LAW The criteria for service connection for chronic throat inflammation, to include dysphagia have been met. 38U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army m February 1969 to September 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge in September 2018. These matters were remanded by the Board in November 2018 and September 2021 for additional development. The Board acknowledges that the Veteran, through his representative, asserts that the January 2022 VA examiner is not competent to address the Veteran's condition and has requested the qualifications of the examiner. Once a Veteran has raised the issue of an examiner's competency to offer a medical opinion, he or she has the right, absent unusual circumstances, to the curriculum vitae and other information about the qualifications of the examiner. Francway v. Wilkie, 930 F.3d 1377 (Fed. Cir. 2019). However, as discussed below, the Veteran has been granted the full benefits sought on appeal. Thus no prejudice accrues to the Veteran by not remanding the claim for information regarding the examiner's qualifications as required by Francway. 1. Service connection for chronic throat inflammation, to include dysphagia. To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. 38 C.F.R. § 3.303; see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active-duty military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The Veteran contends that his throat disability is related to service. He specifically maintains that his chronic throat inflammation, to include dysphagia, has been occurring ever since his period of active duty. The Veteran reports that he was treated during service for a chronic sore throat on numerous occasions. He indicates that is service treatment records also show that he suffered from difficulty swallowing. The Veteran has further asserted that he has chronic throat inflammation, to include dysphagia, that is due to amyloidosis. See Notice of Disagreement, February 2016; Hearing Testimony, September 2018. In a February 2015 statement, the Veteran asserted that his amyloidosis is due to herbicide exposure. The Veteran has diagnoses of GERD, dysphagia, and chronic sore throat. See VA Examination, November 2018 and January 2022. The Veteran's service treatment records for his period of active duty from February 1969 to September 1970 show that he was treated for throat problems. A May 1969 treatment entry notes that the Veteran complained of coughing, nasal drainage, and a sore throat. The impression was an upper respiratory infection. A subsequent May 1969 entry indicates that the Veteran complained of coughing, a sore throat, and nasal drainage. The impression was also an upper respiratory infection. A June 1969 entry notes that the Veteran reported that he had a sore throat, nasal congestion, a headache, and a sore neck. The examiner reported that the Veteran was given medication, including Dimetapp. A subsequent June 1969 entry indicates that the Veteran continued to complain of a sore throat, with no response from his medication. The examiner reported that the Veteran's throat was red with a large, ulcerated appearing area on the left tonsil, with a large white exudate. A diagnosis was not provided at that time. It was noted that the Veteran was prescribed Procaine Penicillin. Post-service private and VA treatment records indicate that the Veteran was treated for variously diagnosed throat and swallowing problems, including dysphagia; pharyngeal stage dysphagia; dysphagia, pharyngeal phase; pharyngitis; and oropharyngeal based dysphagia. A May 2015 medical treatment report indicates that the Veteran had no definitive esophageal related dysphagia. The examiner reported that their work-up only revealed that the Veteran had oropharyngeal based dysphagia. The examiner indicated that, overall, the Veteran's history showed that his symptoms had been present for more than thirty years. A March 2022 medical treatment record notes that the Veteran has had a problem with cough dating back to 1969. The examiner stated that he thinks "it may all be related." Numerous lay statements submitted by the Veteran's spouse, family members, and friends note that they knew the Veteran prior to him joining the military. They stated that the Veteran did not have throat problems prior to service, but after joining the military they witnessed the Veteran's symptoms associated with his throat disability. The statements noted that the Veteran's symptoms have continued since service. See Lay Statements, July 2020. The Board finds that the Veteran is competent to report symptom onset and challenges he experiences as a result of his throat condition. The Veteran's statements are entitled to probative weight, as they are internally consistent and consistent with other evidence of record, including several lay statements, showing that the Veteran reported throat symptoms in and since service. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board finds that this is especially so given that the Veteran reported the onset of his throat symptoms in service in the context of seeking medical care. In its role as a finder of fact, the Board finds the Veteran's account of having throat symptoms during and since service credible. The Board acknowledges the negative nexus VA opinions regarding the etiology of the Veteran's throat condition. However, the Board finds these examinations inadequate as they do not discuss the Veteran's competent statements that his symptoms have continued since service. As the competent and credible lay and medical evidence shows that the Veteran's throat disability had its onset in service, service connection is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that "the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty"); see also 38 C.F.R. § 3.303(a) (Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.