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Robert L. Wilkie, Secretary of Veterans Affairs, Appellee

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Robert L. Wilkie, Secretary of Veterans Affairs, Appellee Designated for electronic publication only UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 19-3108 DAVID B. WHITE, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before BARTLEY, Chief Judge. MEMORANDUM DECISION Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. BARTLEY, Chief Judge: Self-represented veteran David B. White appeals a March 19, 2019, Board decision denying service connection for allergic or vasomotor rhinitis, sinusitis, colon polyps, irritable colon syndrome, rectal ulcer, hypertension or hypertensive vascular disease, peptic ulcer, defective vision of both eyes, dry eye syndrome, chronic squamous blepharitis of both eyes, chronic gastritis, ulcerative colitis, and colitis cystica profunda. Record (R.) at 5-28.1 For the reasons that follow, the Court will set aside the portions of the March 2019 Board decision denying service connection for rhinitis, sinusitis, colon polyps, irritable colon syndrome, rectal ulcer, hypertension or hypertensive vascular disease, peptic ulcer, defective vision of both eyes, 1 In the same decision, the Board granted entitlement to a 20% evaluation for hemorrhoids since August 17, 2012. R. at 21-23. To the extent that this finding is favorable to Mr. White, the Court will not disturb it. See Medrano v. Nicholson, 21 Vet.App. 165, 170 (2007) ("The Court is not permitted to reverse findings of fact favorable to a claimant made by the Board pursuant to its statutory authority."). Moreover, because the veteran did not challenge the Board's denial of an evaluation for that condition in excess of 10% prior to August 17, 2012, and in excess of 20% since that date, the Court deems any appeal of those issues abandoned and will dismiss those portions of the appeal. See Pederson v. McDonald, 27 Vet.App. 276, 281-86 (2015) (en banc) (declining to review the merits of an issue not argued and dismissing that portion of the appeal); Cacciola v. Gibson, 27 Vet.App. 45, 48 (2014) (same). The Board also remanded the issues of service connection for arthritis of both hips, ankylosis of both legs, ankylosis of the cervical spine, and sleep apnea. R. at 23-28. Because a remand is not a final decision of the Board subject to judicial review, the Court does not have jurisdiction to consider these matters at this time. See Howard v. Gober, 220 F.3d 1341, 1344 (Fed. Cir. 2000); Breeden v. Principi, 17 Vet.App. 475, 478 (2004) (per curiam order); 38 C.F.R. § 20.1100(b) (2020). dry eye syndrome, and chronic squamous blepharitis, and remand those matters for further development and readjudication consistent with this decision. The Court will affirm the portions of the Board's decision denying service connection for ulcerative colitis, chronic gastritis, and colitis cystica profunda. I. FACTS Mr. White served on active duty in the U.S. Air Force from July 1983 to October 1985, with additional service in the North Carolina Air National Guard and Air Force Reserve. R. at 4921, 4922, 4923, 5389, 6852, 6854. His service in the North Carolina Air National Guard and Air Force Reserve included periods of both active duty for training and inactive duty for training. R. at 4874, 4877, 4879, 4881, 4882, 4884, 4886, 4888, 4890, 4892, 4894, 4896, 4898, 4900, 4902, 4904, 5014, 5013, 5017, 5018. At entrance to active duty, an examiner noted normal nose, sinuses, eyes, ophthalmoscopy, pupils, ocular motility, heart, vascular system, abdomen and viscera, and anus and rectum, with 20/20 distance vision in both eyes and a 90/76 blood pressure reading. R. at 5288-89. At that examination, Mr. White denied eye trouble, sinusitis, hay fever, palpitation or pounding heart, heart trouble, high or low blood pressure, frequent indigestion, stomach or intestinal trouble, and piles or rectal disease. R. at 5290-91. In June 1984, during Mr. White's active service, an examiner noted normal nose, sinuses, eyes, pupils, ocular motility, heart, vascular system, abdomen and viscera, and anus and rectum, with 20/20 distance vision in both eyes and a 110/60 blood pressure reading. R. at 5292-94. However, the examiner did note mild arcus senilis.2 R. at 5292. At that examination, Mr. White denied eye trouble; sinusitis; hay fever; palpitation or pounding heart; heart trouble; high or low blood pressure; frequent indigestion; stomach, liver, or intestinal trouble; and piles or rectal disease. R. at 5307. Also during active duty service, Mr. White sought treatment in August 1983 for swelling around his eyes assessed as allergies, in February 1984 for painful bowel movements assessed as rectal fissure, and in March 1985 for possible piles with bleeding. R. at 5325, 5326, 5335. In September 1985, an optometrist noted the veteran's eyes to be essentially asymptomatic, with 20/15 vision in both eyes at both near and distance. R. at 5331. August 1985 and September 2 Arcus Cornea is "a white or gray opaque ring in the corneal margin, present at birth, or appearing later in life, and becoming quite frequent in those over 50; it results from cholesterol deposits in or hyalinosis of the corneal stroma, which may be associated with ocular defects or with familial hyperlipidemia. Called also a. juvenillis, a. lipoides corneae, and a. senilis." DORLAND'S ILLUSTRATED MEDICAL DICTIONARY 124 (33d ed.2020). 2 1985 examiners noted normal nose, sinuses, eyes, ophthalmoscopy, pupils, ocular motility, heart, vascular system, abdomen and viscera, and anus and rectum. R. at 5299, 5303. In August 1985, Mr. White had 20/30 distance vision in the right eye, 20/40 vision in the left eye, and a 112/82 blood pressure reading; and in September 1985, he had 20/20 vision in both eyes and a 114/78 blood pressure reading. R. at 5300, 5304. At both examinations, Mr. White denied eye trouble, sinusitis, hay fever, palpitation or pounding heart, heart trouble, high or low blood pressure, frequent indigestion, and stomach or intestinal trouble; but reported 1984 treatment with good results for hemorrhoids. R. at 5301-02, 5305-06. Following Mr. White's period of active duty, November 1988, September 1992, and December 1997 examiners noted normal nose, sinuses, eyes, ophthalmoscopy, pupils, ocular motility, heart, vascular system, abdomen and viscera, and anus and rectum. R. at 5309, 5316, 5320. In November 1988, Mr. White had 20/20 vision in both eyes and a blood pressure reading of 118/80. R. at 5321. In September 1992, he had a blood pressure reading of 106/68. R. at 5310. In December 1997, he had 20/20 vision in both eyes and a blood pressure reading of 96/70. R. at 5317. At each examination, Mr. White denied eye trouble; sinusitis; hay fever; palpitation or pounding heart; heart trouble; high or low blood pressure; frequent indigestion; and stomach, liver, or intestinal trouble. R. at 5311, 5318, 5322. In November 1988, he denied piles or rectal disease, but reported a history of treatment for hemorrhoids in 1984. R. at 5322-23. In September 1992, he endorsed piles or rectal disease, citing a history of treatment for hemorrhoids in 1984. R. at 5311-12. Similarly, a September 2001 examiner noted normal nose, sinuses, eyes, ophthalmoscopy, pupils, ocular motility, heart, vascular system, abdomen and viscera, and anus and rectum, with 20/25 distance vision in the right eye, 20/30 vision in the left eye, and a 118/84 blood pressure reading. R. at 5295-96. At that examination, Mr. White denied wearing glasses, a history of eye surgery to correct vision, lack of vision, eye trouble, sinusitis, hay fever or allergic rhinitis, palpitation or pounding heart, heart trouble, high or low blood pressure, frequent indigestion, stomach or intestinal trouble, and hemorrhoids or rectal disease. R. at 5297. At a January 2003 Reserve Component Health Risk Assessment, Mr. White denied inflammatory bowel disease, high blood pressure, irregular heartbeat, and heart attack. R. at 5365. Mr. White also sought treatment for bloody stool in January 2003, R. at 5371, and had a November 2003 colonoscopy due to gastritis, R. at 5380. The November 2003 colonoscopy showed a rectal polyp. R. at 5373. 3 December 2003 Reserve treatment records reflect diagnosis for colitis cystica profunda. R. at 5378. June 2004 private treatment records list a family history of hypertension. R. at 7046. A June 2009 eye examination report reflects bilateral blepharitis. R. at 7095-96. October 2011 private treatment records show treatment for squamous blepharitis, hypertension, ulcers, rectal bleeding, and colon polyps. R. at 6883, 6888-89, 6896. In January 2010, Mr. White filed a claim for service connection for hemorrhoids, colitis cystica, rectal ulcer, colon polyps, and gastritis. R. at 7008. In April 2010, he added claims for bowel obstruction and eye problems including blepharitis, dry eyes, and infection. R. at 6730. In August 2010, he filed a claim for service connection for defective vision, hypertension, hemorrhoids, bilateral hip injuries, bilateral chronic leg pain, and sleep apnea. R. 7110. At a March 2012 VA ophthalmologic examination, Mr. White reported existing diagnosis of bilateral cataracts, but the examiner noted no aphakia, decrease in visual acuity, or other visual impairment. R. at 6636-37. The examiner also noted diagnoses of chronic blepharitis and dry eye syndrome. R. at 6626. The examiner opined that Mr. White has dry eye syndrome secondary to Meibomian gland dysfunction and chronic blepharitis, treated with antibiotic ointment, warm compresses, and lid scrubs. R. at 6626, 6640. The examiner further noted arcus senilis, explaining that this is not a degenerative disease of the cornea, but can be a sign of hypercholestemia. R. at 6640. The examiner opined that none of these conditions are related to service, explaining that there is no connection between arcus senilis and blepharitis or dry eye syndrome.
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