RESTRICTIVE LUNG DISEASE INTERSTITIAL PULMONARY FIBROSIS

Summary

The veteran, who served in the United States Army from February 2009 to February 2011, appeals the denial of service connection for shortness of breath and a sinus condition. The veteran elected the Direct Review docket, limiting the Board's review to evidence of record at the time of the November 2023 AOJ decision. For shortness of breath, the veteran's service treatment records and post-service records did not indicate any treatment for this condition. A September 2023 VA examination found no diagnosis of a respiratory condition, noting normal PFT results despite restrictive changes, and no pulmonary disease or treatment with medication. The Board found the veteran's self-diagnosis incompetent and gave more weight to the medical evidence showing no current diagnosis. For the sinus condition, service treatment records and post-service records also showed no treatment. The VA did not have a duty to provide an examination as there was no competent evidence of a confirmed diagnosis. The Board found the evidence weighed against a current diagnosis for both conditions, citing a lack of competent medical evidence and no reported symptoms causing impaired earning capacity. Consequently, service connection for both shortness of breath and the sinus condition was denied.

Rationale

No treatment in service records; No post-service treatment; VA exam found no diagnosis or findings supporting diagnosis; Veteran's self-diagnosis deemed incompetent; More weight given to medical evidence showing no current diagnosis

Full Decision Text

Citation Nr: A26029546
Decision Date: 04/01/26	Archive Date: 04/01/26

DOCKET NO. 250421-539200
DATE: April 1, 2026

ORDER

Entitlement to service connection for shortness of breath is denied. 

Entitlement to service connection for sinus condition is denied. 

FINDINGS OF FACT

1. The evidence of record persuasively weighs against finding that the Veteran has had a disability manifested by shortness of breath at any time during, or approximate to, the pendency of the claim.

2. The evidence of record persuasively weighs against finding that the Veteran has had a sinus disability disability at any time during, or approximate to, the pendency of the claim.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for a shortness of breath disability have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for entitlement to service connection for a sinus condition disability 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 in the United States Army from February 2009 to February 2011.

In the May 2025 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 November 2023 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, the Board did not consider it in its decision. 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 claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Service Connection

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303.  The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.  Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

Pertinent to a claim for service connection, such a determination requires a finding of current disability that is related to an injury or disease in service. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). In McClain v. Nicholson, 21 Vet. App. 319, 321 (2007), the Court held that the requirement of the existence of a current disability is satisfied when a Veteran has a disability at the time, he or she files a claim for service connection or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim. However, in Romanowsky v. Shinseki, the Court held that when the record contains a recent diagnosis of disability prior to a Veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency. Romanowsky v. Shinseki, 26 Vet. App. 289 (2013).

1. Entitlement to service connection for shortness of breath 

The Veteran contends that he is entitled to service connection a shortness of breath disability. 

Turning to the evidence of record, the Veteran's service treatment records do not indicate that the Veteran sought and received treatment for any shortness of breath conditions. See Service Treatment Records received March 2019 and November 2020.  Post service treatment records do not
 to a Veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency. Romanowsky v. Shinseki, 26 Vet. App. 289 (2013).

1. Entitlement to service connection for shortness of breath 

The Veteran contends that he is entitled to service connection a shortness of breath disability. 

Turning to the evidence of record, the Veteran's service treatment records do not indicate that the Veteran sought and received treatment for any shortness of breath conditions. See Service Treatment Records received March 2019 and November 2020.  Post service treatment records do not indicate that the Veteran sought or received treatment for any shortness of breath conditions. Additionally, the Veeran reported at the September 2023 VA examination that he has not sought treatment after separation for lung issues.

The Veteran was afforded a VA examination in September 2023. The examiner indicated there was no diagnosis of a respiratory condition because there were no findings, signs and or symptoms to support a diagnosis. The examiner stated that although PFT showed restrictive changes, the clinical examination was normal. The examiner noted that a review of the record shows no pulmonary disease. The examiner noted hat the Veteran has never been treated with inhalers or medication. The examiner also noted that a chest x-ray done in clinic in March 2021 was normal. 

While the Veteran believes there is a current diagnosis of a disability manifested by shortness of breath, the Veteran is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education and the ability to interpret complicated diagnostic testing.  Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007).  Consequently, the Board gives more probative weight to the competent medical evidence that fails to show a current diagnosis.

The Board also acknowledges the Court's holding in Saunders but does not find a basis for determining that there is functional impairment related to shortness of breath. See Saunders v. Wilkie, 886 F.3d. 1356 (2018). The Veteran has not reported any symptoms attributable to his claimed shortness of breath cause impaired earning capacity. Wait v. Wilkie, 33 Vet. App. 8 (2020). 

In light of the lack of a competent diagnosis in the available records, service connection is therefore denied. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); 38 U.S.C. § 5107 (b).

2. Entitlement to service connection for sinus condition

The Veteran contends that he is entitled to service connection a sinus disability. 

Turning to the evidence of record, the Veteran's service treatment records do not indicate that the Veteran sought and received treatment for any sinus conditions. See Service Treatment Records received March 2019 and November 2020.  Additionally, post service treatment records do not indicate that the Veteran sought and received treatment for any sinus conditions.

While the Veteran believes there is a current diagnosis of a sinus disability, the Veteran is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education and the ability to interpret complicated diagnostic testing.  Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007).  Consequently, the Board gives more probative weight to the competent medical evidence that fails to show a current diagnosis.

The Board acknowledges that the Veteran has not been afforded an examination, but VA does not have a duty to provide such examinations here, as there is no competent evidence that he has a confirmed diagnosis of this condition. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). Accordingly, there is no duty to provide the Veteran with an examination to evaluate whether he has a sinus disability.

The Board also acknowledges the Court's holding in Saunders but does not find a basis for determining that there is functional impairment related to the sinuses. See Saunders v. Wilkie, 886 F.3d. 1356 (2018). The Veteran has not reported any symptoms attributable to his claimed sinus cause impaired earning capacity. Wait v. Wilkie, 33 Vet. App. 8 (2020). 

In light of the lack of a formal diagnosis in the available records, the Board concludes that there is insufficient evidence to support a determination that the Veteran has a diagnosable sinus disability. Service connection is therefore denied. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); 38 U.S
's holding in Saunders but does not find a basis for determining that there is functional impairment related to the sinuses. See Saunders v. Wilkie, 886 F.3d. 1356 (2018). The Veteran has not reported any symptoms attributable to his claimed sinus cause impaired earning capacity. Wait v. Wilkie, 33 Vet. App. 8 (2020). 

In light of the lack of a formal diagnosis in the available records, the Board concludes that there is insufficient evidence to support a determination that the Veteran has a diagnosable sinus disability. Service connection is therefore denied. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); 38 U.S.C. § 5107 (b).

 

 

D. SMART

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.W., 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.