Citation Nr: 20042829 Decision Date: 06/24/20 Archive Date: 06/24/20 DOCKET NO. 19-03 236A DATE: June 24, 2020 ORDER Service connection for vertigo, including as secondary to service-connected diabetes mellitus, type II, is granted. FINDING OF FACT The evidence is at least in equipoise as to whether the Veteran’s vertigo is proximately due to or the result of his service-connected diabetes mellitus, type II. CONCLUSION OF LAW The criteria for service connection for vertigo, to include as secondary to service-connected diabetes mellitus, type II, have been met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from June 1958 to February 1981. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for vertigo, including as secondary to service-connected diabetes mellitus, type II Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). To establish service connection the evidence must show: (1) a present disability; (2) an 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. Shedden v. Principi, 381 F. 3d 1163, 1167 (Fed. Cir. 2004). Secondary service connection may be granted for a disability, which is proximately due to, the result of, or aggravated by, an established service connected disorder. 38 C.F.R. § 3.310; Allen v. Brown, 7 Vet. App. 439, 449 (1995). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). In the present case, the Veteran submitted reports by G.W., M.D., dated in June 2016, December 2016, May 2017, and February 2019. Dr. G.W. assessed the Veteran with vertigo and concluded that it was at least as likely as not related to his service-connected diabetes mellitus, type II. Such conclusions were supported by cites to medical articles. Furthermore, the Veteran submitted a statement by D.N., M.D., in November 2015, who concluded that the Veteran’s recurrent vertigo was more likely than not related to his diabetes mellitus, type II. Accordingly, the Board finds that the competent medical evidence of record supports a finding that the Veteran’s vertigo is proximately due to or caused by his service-connected diabetes mellitus, type II, and service connection is warranted. The Board acknowledges the negative opinions provided by the October 2014 and September 2017 VA examiners. However, the Board gives little weight to these opinions. In this regard, the examiners merely concluded that the Veteran’s vertigo was not related to his medications for diabetes mellitus, type II, and provided no opinion as to whether his vertigo was secondary to his diabetes mellitus, type II itself. In sum, resolving all doubt in favor of the Veteran, the weight of the evidence establishes that the Veteran has been diagnosed with vertigo due to his service-connected diabetes mellitus, type II. As such, service connection is warranted for vertigo. 38 C.F.R. §§ 3.102, 3.307(a)(6), 3.309(e), 3.310(a). Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. (Hurley) Merrick 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.