Citation Nr: 21004721
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 16-31 744
DATE: January 28, 2021

REMANDED

Entitlement to service connection for Meniere's syndrome is remanded.

REASONS FOR REMAND

The Veteran had active service in the Army from October 1966 to October 1969.

The appeal originates from an October 2014 decision of a Department of Veterans Affairs (VA) Regional Office.

In July 2020, the Court of Appeals for Veterans Claims (Court) vacated the October 2019 Board decision pursuant to a joint motion for partial remand (JMPR).

Entitlement to service connection for Meniere's syndrome is remanded.

The Veteran contends that his diagnosed Meniere’s syndrome is related to in-service noise exposure from gunfire and aircraft or secondary to service-connected hearing loss or tinnitus.  See May 2014 Statement; November 2014 Statement; July 2020 Appellate Brief.  In the JMPR, the parties agreed that remand is warranted to provide proper notice under 38 C.F.R. § 3.159(e)(2) for private treatment records, to obtain updated VA treatment records since 2014, and a new examination.  A remand is necessary to complete this development.

 

The matter is REMANDED for the following action:

1. Obtain updated VA treatment records since January 2014 and request authorization from the Veteran to obtain private treatment records identified in the July 2020 appellate brief.

2. Schedule the Veteran for an examination to determine the etiology of his Meniere’s syndrome.  The examiner is asked to address the following:

a.	Is it at least as likely as not that Meniere’s syndrome had its initial onset during the Veteran’s active service? In addressing this question, the examiner should state Whether there is any evidence to accept or reject the proposition that the Veteran experienced Meniere’s syndrome or symptoms attributable to Meniere’s syndrome in service.  

b.	Is it at least as likely as not that Meniere’s syndrome is etiologically related to the Veteran’s active service? The examiner should address the Veteran’s claimed in-service noise exposure from gunfire and aircraft described in the May and November 2014 statements.  The examiner should not address the claimed in-service acoustic trauma from a mortar attack.

c.	Is it at least as likely as not that Meniere’s syndrome was proximately caused by service-connected bilateral hearing loss or tinnitus?

d.	Is it at least as likely as not that Meniere’s syndrome underwent any incremental increase in disability, regardless of its permanence, due to service-connected bilateral hearing loss or tinnitus? 

The term “incremental increase in disability” means additional impairment of earning capacity.  Objective measurement, or numerical quantification, is not required to ascertain an increase in disability.  Moreover, any “incremental increase in disability” need not be permanent.

The examiner should address the Veteran’s post-service medical history relating to Meniere’s syndrome described in the July 2020 appellate brief. 

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Alhinnawi

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.