Citation Nr: A25035256 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 230501-342805 DATE: April 16, 2025 ORDER Entitlement to service connection for a left hip disability is denied. Entitlement to service connection for a low back disability is denied. FINDING OF FACT The Veteran does not have a left hip disability or low back disability. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for a left hip disability have not been met. 38 U.S.C. §§ 1110, 5107(b) (2024); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2024). 2. The criteria for entitlement to service connection for a low back disability have not been met. 38 U.S.C. §§ 1110, 5107(b) (2024); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2024). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from January 2018 to October 2020. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2022 rating decision by the Department of Veterans Affairs (VA). In the May 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the September 2022 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a supplemental claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a supplemental claim are included with this decision. The Board notes that it notified the Veteran that evidence submitted with his May 2023 Notice of Disagreement could not be considered. See January 2025 correspondence. The Veteran has not requested to switch dockets. Entitlement to service connection for a left hip disability; entitlement to service connection for a low back disability. Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). In the absence of a current diagnosed disability, service connection cannot be granted for such disability. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). A condition that results in functional impairment can be considered a disability for VA purposes. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The requirement that a current disability be present is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or at any time during the pendency of that claim. See McClain v. Nicholson, 21 Vet. App. 319 (2007). When there is an approximate balance of positive and negative evidence regarding the merits of an issue, the benefit of the doubt shall be given to the veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. When the evidence persuasively favors one side or the other, the benefit-of-the-doubt rule does not apply. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001). As an initial matter, the Board notes that remand for a VA examination is not warranted. VA must provide a medical examination or opinion when the record contains, amongst other requirements, competent evidence of a current disability or persistent or recurrent symptoms of a disability. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Veteran has not submitted evidence, including lay evidence, that he has been diagnosed with a left hip or low back disability or that he otherwise experiences any recurrent symptoms in his left hip or low back. The only relevant evidence that the Board can consider relates to activities in service: the Veteran reported running in boots on concrete and jumping on and off vehicles. For the back, he also discussed ruck marches and jiu jitsu on mats. See May 2022 VA Form 21-526EZ. The filing of a claim in and of itself is not evidence of recurrent symptoms or a disability. Because there is no competent evidence of a current disability or persistent or recurrent symptoms for either the left hip or the low back, remand for a VA examination is not appropriate. For the same reasons discussed above, the Board finds that the Veteran does not have a current left hip disability or low back disability. The Veteran ultimately still bears some burden of production. 38 U.S.C. § 5107(a). The evidence is simply insufficient to demonstrate a diagnosed disability or functional impairment in the left hip or low back. As a result, service connection for a left hip disability and a low back disability must be denied. The Board notes that, if the Veteran submits a supplemental claim, as discussed above, the AOJ will be able to consider all evidence of record, including statements provided in the May 2023 Notice of Disagreement. The Veteran would also have the opportunity to submit additional evidence. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Sandler, 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.