10-14 973
10-14 973
| Board of Vet. App. | Jan 31, 2017Background
- Veteran served in the U.S. Air Force from Dec 1986 to Apr 1995 and sought VA service connection for chronic, painful pubic hair bumps (claimed as pelvic hair bumps).
- Service treatment records (STRs) document multiple in-service treatments for furuncle/folliculitis and painful ingrown hair follicles between 1987 and 1992; no separation exam was performed in 1995.
- Post-service VA and private records show extensive gynecological care but contain no current diagnosis explicitly linking a present disability to folliculitis or furuncle.
- Veteran reports recurring painful pubic hair bumps (about twice monthly) since service and manages flares conservatively; she reported flares but declined the physical portion of the April 2016 VA exam because she had no active bumps at that visit.
- Board remanded for development and obtained a 2016 VA examination; examiner found no current diagnosis because no lesions were observed and the veteran refused the physical exam portion.
- Board found the veteran’s lay testimony credible, concluded symptoms began in service and continued post-service, applied the benefit-of-the-doubt rule, and granted service connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service connection for disability manifested by pubic hair bumps is warranted | Veteran contends painful pubic hair bumps began in service, recur regularly, and persist post-service | VA medical records and 2016 VA exam show no current diagnosis; absence of contemporaneous post-service diagnosis argues against service connection | Granted: credible lay statements + in-service STRs establish continuity of symptomatology; benefit of the doubt applied |
Key Cases Cited
- Stegall v. West, 11 Vet. App. 268 (1998) (remand duties must be followed and development completed)
- Gonzales v. West, 218 F.3d 1378 (2000) (Board must provide adequate statement of reasons or bases)
- Timberlake v. Gober, 14 Vet. App. 122 (2000) (Board need not discuss every piece of evidence but must address material favorable evidence)
- Caluza v. Brown, 7 Vet. App. 498 (1995) (Board must assess credibility and probative value of evidence)
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (standard for weighing evidence when deciding claims)
- Conway v. Principi, 353 F.3d 1369 (2004) (VCAA notice and assistance principles; prejudice standard)
- Shedden v. Principi, 381 F.3d 1163 (2004) (elements for service connection)
- Layno v. Brown, 6 Vet. App. 465 (1994) (competence of lay testimony on onset and continuity of symptoms)
- Davidson v. Shinseki, 581 F.3d 1313 (2009) (when lay evidence can establish diagnosis or etiology)
- Jandreau v. Nicholson, 492 F.3d 1372 (2007) (competence of lay testimony regarding medical conditions)
- Kahana v. Shinseki, 24 Vet. App. 428 (2011) (limits on lay competency depending on complexity of medical issues)
- Buchanan v. Nicholson, 451 F.3d 1331 (2006) (lay assertions may be credible even without contemporaneous medical evidence)
