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Klinefelter Syndrome


Jake Gray

Question

Hello All!

 

I have recently been diagnosed with Klinefelter Syndrome. It is where a male is born with an extra X chromosome, making the male individual XXY or 47xy. Does the VA compensate for this syndrome? I have been looking and doing research but am not able to find any information. 

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I am sorry that you are going through this but unless you can prove that your military duties aggravated this condition, VA will most likely determine this condition as a congenital disorder (Began At Birth) and can not be military related and or rated.  If you find any information please let us know.  Best Wishes.

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The Veteran asserts that treatments he received for Klinefelter syndrome during active service adversely affected him. 

The Veteran had a VA medical examination in September 2010.  The examiner acknowledged that the Veteran was first treated for Klinefelter syndrome during active service.  However, the examiner opined that the Veteran's Klinefelter syndrome is a congenital disorder.  The examiner further explained that the Veteran's Klinefelter syndrome had its onset at birth, but that there were no signs and symptoms until the Veteran's teenage years during puberty, prior to active service.  The examiner opined that it was less likely that the Veteran's Klinefelter syndrome had its onset during active service.  The examiner further opined that it was less likely that the Veteran's Klinefelter syndrome was permanently aggravated beyond its natural progression during active service.  The examiner explained that the Veteran's Klinefelter syndrome progressed as expected during active service. 

Based upon the evidence of record, the Board finds that Klinefelter syndrome is a congenital defect and is not a disability for VA purposes.  The Board finds that a disability was not manifest during active service and is not shown to have developed as a result of an established event, injury, or disease during active service.  To the extent the evidence indicates the Veteran had Klinefelter syndrome before, during, and after service, the Board finds that Klinefelter syndrome is not a disease or injury for VA compensation purposes.  38 C.F.R. § 3.303 (2016).  The Board also finds that the September 2010 VA medical opinion obtained in this case is persuasive.  The opinion is shown to have been based on examination of the Veteran, review of the evidence of record, and adequate rationale for the etiology opinion.  The examiner adequately considered the evidence of record as to symptom manifestation.  Dalton v. Nicholson, 21 Vet. App. 23 (2007).  The Veteran has not submitted any contrary competent evidence to show that Klinefelter syndrome is related to service.

The Board notes that the Veteran is competent to provide evidence as to observations and some medical matters, but not to establish a medical diagnosis or provide opinions as to etiology.  Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Buchanan v. Nicholson, 451 F.3d 1331 (2006).  As the question of Klinefelter syndrome and any relationship to service is a complex etiological question of the type of medical matter which laypersons are not competent to provide, the Veteran's statements are insufficient to establish service connection.  Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (Board must determine whether a claimed disability is the type of disability for which a lay person is competent to provide etiology or nexus evidence).  There is no indication that the Veteran has any medical training or expertise as to this matter and he is not competent to provide a diagnosis or an etiology opinion.  Therefore, the claim will be denied.

The Veteran asserts that his claimed cartilage and bone mass loss, shakes, and tremors were caused by medications used to treat Klinefelter syndrome.  As service connection for Klinefelter syndrome has not been established, secondary service connection for cartilage and bone mass loss, shakes, and tremors as secondary to medications used to treat Klinefelter syndrome, cannot be established.  Secondary service-connection cannot be established where the claimed primary disability is not service-connected.  38 C.F.R. § 3.310 (2016).

Additionally, the question of direct service connection for cartilage and bone mass loss, shakes, and tremors must be considered.  The Veteran's service treatment records do not show any complaints of or treatment for cartilage or bone mass loss, shakes, and tremors.  The Veteran has not made any allegations that any incident in service caused the claimed cartilage and bone mass loss, shakes, and tremors.  The Veteran has not submitted any competent evidence which relates cartilage or bone mass loss, shakes, or tremors, to any disability incurred in or aggravated by service, to any event of service, or to any service-connected disability.

When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the claimant prevailing in either event, or whether a preponderance of the evidence is against the claim in which case the claim is denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001).

The Board finds that the preponderance of the evidence is against the claims and that service connection for Klinefelter syndrome and for cartilage and bone mass loss, shakes, and tremors, to include as secondary to medications used to treat Klinefelter syndrome, must be denied.  Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C.A. § 5107 (West 2014); 38 C.F.R. § 3.102 (2015).


ORDER

Entitlement to service connection for Klinefelter syndrome is denied.

Here is part of a BVA appeal.  Like Pac said above you would need to show how it aggravates one of your service connected disabilities.  

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Its "all about evidence".  I mean, who knows?  Did gasoline, water contamination, Agent Orange or other military chemicals cause this?  It doesnt even matter what I think. 

It matters if a doctor says your "Klinefelter syndrome is at least as likely as not due to xy event in military service."

As always, you will need the Caluza elements of current diagnosis (check), in service event or aggravation (only your doctor can opine if this event causes your condition), and, of course the medical nexus, as I stated, above.  

Get the Caluza elements and you should win, without them, no.  

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