Citation Nr: 21005599 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 17-00 034 DATE: February 2, 2021 ORDER Entitlement to service connection for residuals of malaria is granted. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, he contracted malaria during his active service. CONCLUSION OF LAW The criteria for entitlement to service connection for residuals of malaria have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1962 to January 1964. In February 2019, the Board remanded the claims of entitlement to service connection for a lumbar spine disability and malaria for further evidentiary development. In October 2020, the Board granted service connection for a lumbar spine disability and remanded the remaining claim for service connection for residuals of malaria for further evidentiary development—specifically to obtain another VA examination and medical opinion. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C.§ 7107(a)(2). Service connection for residuals of malaria A veteran is granted service connection where evidence shows that an injury or disease that results in a current disability was incurred during service or was aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To be entitled to service connection, the evidence must support (1) a current disability; (2) an in-service injury or event; and (3) a nexus between the current disability and the in-service injury or event. 38 C.F.R. § 3.303(a). In the current appeal, the Veteran contends that he developed malaria during his active service. Regarding a current diagnosis of malaria or residuals of malaria, VA treatment records confirm that the Veteran has a history of malaria. See December 2016 VA Medical Treatment Records (CAPRI). In addition, the November 2020 VA examiner’s albeit negative nexus opinion appeared to provide a diagnosis of a current malaria disorder when referring to the Veteran’s residuals of malaria. Further, private medical records from Florida Infectious Disease Specialists note that the Veteran was seen for a history of malaria in 2006. A medical record from May 2006 shows that the Veteran was prescribed with chloroquine, which is medication used to prevent and treat malaria. In November 2014, the Veteran experienced symptoms of fevers, chills and weight loss. His history of malaria was noted, and he was assessed to have a urinary tract infection (UTI). See January 2015 Private Medical Treatment Records. The Board notes that a disability that exists recent to the filing of a claim or during pendency of the appeal, even if resolved, can satisfy the current disability requirement for service connection. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007) & Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). Based on this current evidentiary posture, the Board finds that the Veteran has residuals of malaria. Regarding an in-service injury or event, the Veteran contends that, during his active service, he traveled throughout the world. He further states that, upon his return, he felt sick and went to the sick bay, where he was diagnosed with flu-like symptoms. See October 2014 NOD (VA Form 21-0958). The service treatment records show that, in June 1961, the Veteran complained of headaches and a slight cough. In January 1963 and 1964, the Veteran was found to have a cold. As to whether nexus between currently diagnosed residuals of malaria and active duty, the December 2019 VA examiner provided a negative nexus opinion. The examiner explained that, despite the history of malaria documented in the Veteran’s medical records, there was no objective evidence of a chronic condition at the current examination. Significantly, however, the examiner did not address the Veteran’s in-service symptoms. In November 2020, the VA examiner also opined that it was less likely than not that the Veteran’s residuals of malaria were incurred in, or caused by, the malaria during his service. The examiner explained that, even though the Veteran experienced symptoms similar to those of malaria in 1963 and 1964 and even though he was treated with chloroquine in 2006, it was difficult to state without mere speculation that he had a malaria infection that was caused from his service. The examiner stated that the blood smears were negative for the parasite in 2014. Significantly, however, although the examiner was unable to conclude without mere speculation that the Veteran had a malaria infection caused by his service, the examiner also specifically acknowledged that the Veteran’s in-service symptoms were similar to those of malaria. The Veteran asserts that, after leaving service, he continuously ran a fever for months. He went to his primary care physician, who referred him to an infectious disease doctor. The Veteran contends that the infectious disease doctor said that this condition remains with a person “forever.” The Veteran describes experiencing colds. As previously stated herein, post-medical records show that the Veteran received treatment for malaria and experienced symptoms of fever and chills in 2014. Again, the November 2020 VA examiner acknowledges that the Veteran’s in service symptoms were similar to symptoms of malaria. The Board acknowledges that medical records from Florida Infectious Disease Specialists concerning the Veteran’s medical treatment were destroyed in accordance with its policy to destroy records 10 years from the last date of service. See June 2014 Third Party Correspondence. After a thorough consideration of the evidence, however, the Board finds the Veteran's statements and testimony as to the onset and continuity of his malaria symptoms to be credible. His statements have been consistent with each other, his service records, and his post-service treatment records. The Board observes that the Veteran's accounts of his symptoms during and after service, when considered in tandem with the symptoms and diagnosis identified in the post-service treatment records and VA examination, nonetheless, raise a reasonable doubt as to the initial onset of the Veteran's malaria. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Resolving all reasonable doubt in favor of the Veteran, the Board finds that the Veteran's residuals of malaria was incurred during his service. 38 C.F.R. § 3.303(d). Accordingly, the Board finds that the criteria for entitlement to service connection for residuals of malaria have been met. Service connection for such a disability is, thus, granted. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Middleton, 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.