Citation Nr: 18158230 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 12-02 119 DATE: December 14, 2018 REMANDED The issue of entitlement to service connection for meningitis is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2005 to March 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. In an August 2017 decision, the Board, in relevant part, denied service connection for meningitis. Thereafter, the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a June 2018 Joint Motion for Partial Remand (JMPR), the Secretary of VA and the Veteran (the parties) moved the Court to vacate the August 2017 Board decision to the extent that it denied service connection for meningitis. The Court granted the motion in a June 2018 Order. Now, the case is once again before the Board. Service Connection for Meningitis is Remanded While further delay is regrettable, additional development is necessary prior to adjudication of the Veteran’s claim of entitlement to service connection for meningitis. In regards to the Veteran’s claim, the Veteran contends that his current meningitis is related to service. In an August 2017 decision, the Board found that post-service treatment records did not demonstrate “active meningitis.” The Board also acknowledged that the Veteran is service connected for a headache disability and that “post-service records reveal no . . . possible residual [of meningitis] other than a headache disorder . . . .” Consequently, the Board concluded that “service connection is not warranted due to lack of a current disability.” Pursuant to the June 2018 JMPR, the parties agreed that the Board “did not address that the August 2011 VA medical examiner provided, in a list of various diagnoses, a diagnosis of residuals of meningitis and noted several effects on occupational activities related to that diagnosis to include: decreased concentration, poor social interactions, lack of stamina, weakness, fatigue, and pain.” In accordance with the June 2018 JMPR, the Board will remand the case to obtain a new VA examination to verify a current disability and obtain a medical opinion distinguishing, if possible, signs and symptoms associated with the service-connected headache disability and his claimed condition. The matter is REMANDED for the following action: Schedule the Veteran for a VA examination with an appropriate clinician to determine whether the Veteran has a current diagnosis of meningitis, or any residuals thereof. (a.) If a current diagnosis of meningitis cannot be made, please describe the nature and degree of functional impairment related to any residuals. Please specify whether the Veteran is currently experiencing signs or symptoms associated with meningitis, or residuals thereof. In determining whether the Veteran meets the criteria for a current diagnosis/functional impairment, please consider medical and lay evidence dated both prior to and since the filing of the claim for service connection. Please note that although the Veteran may not meet the criteria for a diagnosis/functional impairment at the present time, documented medical evidence of a condition made prior to and since the date of claim filing meet the criteria for a “current” disability. Please also note that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. (b.) The examiner should describe the nature and extent of the Veteran’s condition and symptoms. To the extent possible, the examiner should distinguish symptoms due to other service-connected disabilities. If this is not possible, the examiner should identify all symptoms that overlap. (c.) For each diagnosis and/or functional impairment, the examiner should state whether it is at least as likely as not that the meningitis condition incurred in or caused by an in-service event or injury. (d.) The exam should specifically comment on (1) September 2011 correspondence reporting symptoms of back pain, neck pain, and headaches; (2) a January 2012 substantive appeal, asserting that that he acquired meningitis in service and continues to exhibit residuals of meningitis; and (3) the August 2011 VA examination report that documented a diagnosis of “residuals of meningitis.” (e.) Additionally, the clinician should provide a complete rationale for the requested opinions. If the clinician cannot provide an opinion without resorting to speculation, he or she should expressly indicate that and provide a supporting rationale as to why that is so. S. C. KREMBS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD I. Altendorfer, Associate Counsel