Citation Nr: 18140967
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 14-05 642
DATE:	October 9, 2018
ORDER
Entitlement to service connection for left eye toxoplasmosis is granted.
FINDING OF FACT
The Veteran’s left eye toxoplasmosis is related to disease incurred during active service.
CONCLUSION OF LAW
The criteria for service connection for left eye toxoplasmosis are met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from May 2001 to August 2001, March 2003 to March 2004, and May 2007 to July 2008.
The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in June 2017. A transcript of that hearing has been associated with the claims file.  
This matter was remanded by the Board in November 2017 for further development and has since been returned to the Board for appellate review.  
1. Entitlement to service connection for left eye toxoplasmosis.
The Veteran asserts that his left eye toxoplasmosis was incurred in service, specifically during service in Iraq.  
The Board concludes that the Veteran has a current diagnosis of left eye toxoplasmosis that is related to an in-service injury or disease. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). 
Beginning in February 2009, VA treatment records show the Veteran has a current diagnosis or symptoms of eye disorders, specifically toxoplasmosis, and was under the care of an ophthalmologist. 
The November 2017 VA examiner opined that the Veteran’s left eye toxoplasmosis is at least as likely as not related to an in-service injury or disease. The rationale was that an eye infection from toxoplasmosis leads to an acute inflammatory lesion of the retina, which resolves and leaves chorioretinal scarring. On examination, the examiner found that the Veteran had a mild visual field defect in the left eye that was consistent with chorioretinal scar. The examiner noted that the Veteran stated that while in Iraq from November 2007 to September 2008, the vision in the left eye had periods of blurred vision. He stated that during that time he was walking through dirty rivers. The examiner reviewed the claims file and concluded that the Veteran had an eye infection, specifically toxoplasmosis, which was first diagnosed and treated in March 2009, shortly after the Veteran’s return from Iraq and separation from service. As a result, the examiner opined that the Veteran does have a current diagnosis of left eye toxoplasmosis that is at least as likely as not incurred in or caused by the left eye toxoplasmosis during service.   
In a June 2009 lay statement, L.A.K., a serviceman with the Veteran, stated that in October 2007 and December 2007 while in Iraq, he observed the Veteran with an irritation in his eye that appeared to worsen. Similarly, in September 2009, a memorandum, under the authority of the Secretary of the Army, stated that the Veteran had an eye injury in the line of duty.
Based on the Veteran’s credible assertions, supporting evidence indicating that the Veteran experienced an injury or disease in service, and the November 2017 VA examination, the Board finds that’s the Veteran’s left eye toxoplasmosis was incurred in service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Therefore, service connection for left eye toxoplasmosis is warranted. 


 
CAROLINE B. FLEMING
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thompson, Associate Counsel