Citation Nr: 18148394 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 16-32 140 DATE: November 8, 2018 ORDER Service connection for malaria is denied. FINDING OF FACT The Veteran does not have a current diagnosis of malaria or any residuals of malaria. CONCLUSION OF LAW The criteria for service connection for malaria have not been met. 38 U.S.C. §§ 1110, 1101, 1131, 1137, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303(a). Service connection may also be granted for a disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Generally, to establish direct service connection a Veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service.” Davidson v. Shinseki, 581 F.3d 1313, 1315-16 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Depending on the evidence and the contentions of record in a particular case, lay evidence can be competent and sufficient to establish a diagnosis and medical etiology of a condition. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). The Veteran contends that he has malaria and that it incurred in service. Upon review of the record, there is no probative evidence to indicate a current diagnosis of malaria or residuals of malaria. The Veteran’s service treatment records indicate that he was healthy upon entrance. There is a June 1970 service treatment record that shows that the Veteran was treated for chills, fever, nausea, and weak feeling, and that he had those symptoms for a week. There was no diagnosis listed, but the plan indicated the Veteran was to continue treatment at the emergency room for tests and possible admission. A July 1970 expiration of term of service (ETS) examination indicated the examiner reviewed the Veteran’s health records and that he was in good health. Under “summary of defects and diagnoses” there is a handwritten notation that is nearly illegible. It appears that the words malaria vivax June 70 Oklahoma is written. Lastly, in this examination report, in response to a question asking him whether he has treated himself for illnesses other than mild colds, he responded yes and wrote in the word “malaria.” The other service treatment records do not indicate treatment for malaria or symptoms of malaria. The Veteran is competent to report that he experienced symptoms of an illness in service, however, the Board notes that he is not competent to self-diagnose current residuals of malaria. The Veteran asserts that he has current malaria residuals, but the Board finds that a preponderance of the evidence is against such a finding. The Veteran, as a lay person, does not have the education, training, or experience to diagnose malaria or malaria symptoms or residuals, or opine as to the etiology of any current related illness. A threshold requirement for the granting of service connection is evidence of a current disability. In the absence of a current disability, there can be no valid claim. Here, the totality of the competent evidence does not reflect that the Veteran has or has had a diagnosis of malaria or its residuals during the relevant period on appeal. Therefore, the Veteran’s claim must be denied, as the evidence of record shows no current disability of malaria or its residuals. The Board notes that there is mention of malaria in service, however, even assuming that he was treated for malaria in service, there are no current malaria residuals for which service connection may be granted. The preponderance of the evidence is against the Veteran’s claim of entitlement to service connection for malaria. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Talamantes, Associate Counsel