Citation Nr: A19002072 Decision Date: 10/21/19 Archive Date: 10/18/19 DOCKET NO. 190205-2873 DATE: October 21, 2019 ORDER Service connection for residual, mumps is granted. Service connection for meningitis is granted. FINDINGS OF FACT 1. Resolving all doubt in the Veteran’s favor, the most probative evidence of record demonstrates that the Veteran’s residual, mumps is related to his period of active service. 2. Resolving all doubt in the Veteran’s favor, the most probative evidence of record demonstrates that the Veteran’s meningitis is related to his period of active service. CONCLUSIONS OF LAW 1. The criteria for service connection for residual, mumps have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for meningitis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. The Board is honoring the Veteran’s choice to participate in VA’s test program, RAMP, the Rapid Appeals Modernization Program. The Veteran served in the United States Army from March 1955 to March 1957. As a preliminary matter, the Board notes that although the Veteran selected the Higher-Level Review lane when he submitted the RAMP election form on June 22, 2018, due to additional evidence required by the Agency of Original Jurisdiction (AOJ), the claim was moved to the Supplemental Claim lane. Accordingly, the January 2019 RAMP rating decision considered the evidence of record as of the date of the supplemental claim decision. The Veteran timely appealed this RAMP rating decision to the Board and requested a hearing with evidence submission allowed. However, the Veteran was not present for the hearing scheduled for June 17, 2019, and no evidence was added to the claims file as of the date of the missed hearing. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Establishing service connection requires competent evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for residual, mumps is granted. Service connection for meningitis is granted. As noted in the Introduction, further evidentiary development was required for the Veteran’s claims for service connection for residual, mumps and meningitis. Based on the additional evidence, the Board finds that service connection is warranted. In January 2019, the Veteran was afforded a VA contract examination and an opinion was obtained finding the Veteran’s claimed residuals mumps at least as likely as not incurred in or caused by the mumps during service. In the rationale, the examiner discussed the Veteran’s March 1957 service treatment records noting hospitalization and diagnosis of mumps in October 1956. But the examiner indicated that the diagnosed mumps had in fact resolved. Nevertheless, the examiner opined that it is at least as likely as not that the Veteran’s “Acute Orchitis (Mumps) – resolved” is due to mumps noted during service. See Medical Opinion Disability Benefits Questionnaire dated January 2019. Likewise, with respect to the issue of meningitis, the examiner found that the Veteran’s medical records supported his claim for direct service connection. The examiner noted a July 1959 clinical record documenting that the Veteran had “meningismus and orchitis in October 1956 during the course of epidemic partotis. Following his meningismus he had polyneuritis, particularly in both legs.” Similar to issue of mumps, the examiner found that the diagnosed meningitis had resolved with no residuals or ongoing symptoms following his treatments in 1956. Notwithstanding this finding, the examiner concluded that it is at least as likely as not that the veteran’s “meningitis – resolved” is due to meningitis during service. Id. The Board observes that the favorable January 2019 medical opinion was based on the examiner’s review of the Veteran’s claims file, medical history, and clinical examination of the Veteran. Based on the foregoing and resolving all reasonable doubt in the Veteran’s favor, the Board finds that service connection for mumps and meningitis, although now resolved, are warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. An, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.