BVA9502829 DOCKET NO. 92-00 217 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for a back disability. 2. Entitlement to service connection for malaria. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Sabrina M. Tilley, Counsel INTRODUCTION The veteran served on active duty from December 1943 to April 1946. This matter came to the Board of Veterans' Appeals (Board) on appeal from a September 1991 rating decision. In its current status, this case returns to the Board following remands to the RO on two separate occasions. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he was treated for malaria on Okinawa in April 1945. Also, he states that at the time of his discharge from service, physicians found a problem with his back. On these bases, the veteran argues that he is entitled to service connection for malaria and a back disability. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran has not submitted sufficient evidence to justify the belief of an impartial individual that he has presented a well-grounded claim of service connection for a back disability. It is also the decision of the Board that the preponderance of the evidence supports the claim of service connection for malaria. FINDINGS OF FACT 1. No competent evidence has been submitted to show that the veteran has a back disability that is due to injury or disease in service. 2. The veteran probably had malaria during service. CONCLUSIONS OF LAW 1. The veteran has not presented a well-grounded claim of service connection for a back disability. 38 U.S.C.A. §§ 1110, 5107(a), 7104 (West 1991). 2. The veteran had malaria which was incurred in wartime service. 38 U.S.C.A. §§ 1110, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.303 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION I. The law requires that a claimant shall have the burden of submitting a claim that is well grounded. 38 U.S.C.A. § 5107(a) (West 1991). The VA benefits system requires more than just an allegation. A claimant must submit supporting evidence sufficient to justify a belief by a fair and impartial individual that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609, 611 (1992). Although the claim need not be conclusive, the statute requires the claim must be accompanied by evidence. Id. In the veteran's case, service medical records do not make any reference to complaints or findings of a back disability. The report of the medical examination for discharge from active service shows that the spine was evaluated as normal. In the postservice years, the first documented reference to back complaints is recorded in reports of the VA outpatient treatment in October 1990, many years following the veteran's separation from service. The veteran reported that he had low back pain with numbness in both thighs. However, his lay statements concerning treatment for back symptoms in service are not supported by the evidence in the file. While the veteran contends that his back disability is the result of service, he has not brought forth medical evidence that would establish a nexus between the existing back complaints and his active service. His lay assertions as they pertain to a question of medical diagnosis or causation are not supported by competent evidence and, as such, cannot constitute evidence to present a plausible or well-grounded claim under 38 U.S.C.A. § 5107(a). Grottveit v. Brown, 5 Vet.App. 91 (1993). II. The veteran's claim for service connection for malaria is well grounded, inasmuch as the claim is plausible. The Board is also satisfied that a sufficient amount of development has been accomplish and that the preponderance of the evidence supports a grant of the benefit sought. The veteran's service medical records show that there was reported on the discharge examination a reference to a history of malaria in June 1945. Likewise, the report of VA examination in January 1993, reflects the identical medical history. At that time, the veteran reportedly had a high fever and was treated in a field hospital in Okinawa. The pertinent diagnosis was history of malaria. Given the current evidence indicating that the veteran probably had malaria in service, the Board finds that service connection for malaria is warranted. ORDER The veteran's claim for service connection for a low back disability is not well grounded, and the appeal with respect to this matter is dismissed. Service connection for malaria is granted. STEPHEN L. WILKINS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.