Citation Nr: 18123919 Decision Date: 08/03/18 Archive Date: 08/03/18 DOCKET NO. 15-31 145A DATE: August 3, 2018 ORDER Entitlement to service connection for an undiagnosed illness as a result of service in Southwest Asia is denied. FINDINGS OF FACT The Veteran does not have symptoms attributable to an undiagnosed illness resulting from his service in Southwest Asia. CONCLUSION OF LAW The criteria for service connection for an undiagnosed illness, claimed as Gulf War syndrome, have not been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.317 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service in the United States Marine Corps (USMC) from November 1982 to October 1993, to include service in Southwest Asia. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. Entitlement to service connection for an undiagnosed illness. The Veteran claims entitlement to service connection for an undiagnosed illness as a result of service in Southwest Asia that is manifested by gastrointestinal symptoms, a skin rash, and difficulty breathing while sleeping. At the outset, the Board acknowledges that the Veteran has reported gastrointestinal symptoms and difficulty breathing while sleeping. However, as noted above, the Veteran has been granted service connection for irritable bowel syndrome, diverticulitis, and sleep apnea. His reported symptoms have been attributed to those service-connected disabilities. Therefore, those symptoms are not undiagnosed or medically unexplained, and the Board will not consider those symptoms in conjunction with the claim for entitlement to service connection for an undiagnosed illness. At a January 2012 Gulf War examination, the examiner diagnosed tinea pedis, hypertension, and obstructive sleep apnea. There is no indication from the examination report that the Veteran had other symptoms that were not attributed to a known clinical diagnosis. In March 2016, the Veteran was afforded additional VA examinations. At that time, the Veteran’s skin complaints were attributed to an additional diagnosis of dermatophytosis. His gastrointestinal complaints were attributed to diagnoses of irritable bowel syndrome and diverticulosis. In May 2017, the Veteran was afforded additional VA examinations to determine whether he had a disability or undiagnosed illness related to his service in Southwest Asia. At that time, it was found that the Veteran did not meet the criteria for diagnoses of chronic fatigue syndrome or fibromyalgia. Rather, his symptoms were attributed to his service-connected sleep apnea and posttraumatic stress disorder (PTSD). In sum, the only symptoms the Veteran has reported that have not been attributed to his service-connected disabilities are symptoms of a skin rash. The Veteran has been diagnosed with disabilities accounting for those symptoms (tinea pedis and dermatophytosis). Therefore, the Veteran does not have an undiagnosed illness as the result of his service in Southwest Asia. Accordingly, the Board finds that the preponderance of the evidence is against the claim and entitlement to service connection for an undiagnosed illness due to service in Southwest Asia is not warranted. 38 U.S.C. § 5107 (b) (2012); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Riordan, Associate Counsel
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