Citation Nr: 21066061 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 18-43 832 DATE: October 28, 2021 REMANDED Entitlement to service connection for Meniere's disease is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for a left ankle disability is remanded. Entitlement to service connection for bilateral pes planus (claimed as right and left foot pain) is remanded. Entitlement to service connection for sinusitis is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 13, 1991 to May 10, 1991, with additional service with the Naval Reserves until February 1996. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Agency of Original Jurisdiction (AOJ). In May 2021, the Veteran testified at a Virtual Hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is associated with the record. 1. Entitlement to service connection for Meniere's disease. 2. Entitlement to service connection for sinusitis. 3. Entitlement to service connection for tinnitus. 4. Entitlement to service connection for a right ankle disability. 5. Entitlement to service connection for a left ankle disability. 6. Entitlement to service connection for bilateral pes planus (claimed as right and left foot pain). As a preliminary matter, verification of the Veteran's periods of active duty, active duty for training (ACDUTRA), and inactive duty training (INACDUTRA) are needed as the Veteran contends her claimed disabilities had onset during service and while a member of the Naval Reserves. See Notice of Disagreement (NOD) dated October 2015; Correspondence received December 2015; see also Hearing Transcript of May 2021. The Board notes that the term "active military, naval, or air service" includes any period of ACDUTRA during which the individual concerned was disabled from a disease or injury incurred in line of duty. 38 U.S.C. § 101(21) and (24) (2012); 38 C.F.R. § 3.6(a). Active military, naval, or air service also includes any period of INACDUTRA duty in which the individual concerned was disabled from injury incurred in the line of duty. Id. Accordingly, service connection may be granted for disability resulting from disease or injury incurred in, or aggravated, while performing ACDUTRA or from injury incurred or aggravated while performing INACDUTRA. 38 U.S.C. §§ 101 (24), 106, 1131. ACDUTRA includes full time duty performed by members of the National Guard of any state or the reservists. 38 C.F.R. § 3.6(c). INACDUTRA includes duty other than full time duty performed by a member of the Reserves or the National Guard of any state. 38 C.F.R. § 3.6(d). As such, appropriate action should be undertaken to verify specific of active duty, ACDUTRA, and INACDUTRA including complete service personnel records and any line of duty determinations. Next, as further explained below, the Board finds additional development is warranted. At the May 2021 hearing, the Veteran presented testimony describing the in-service occurrences and manifestation of symptoms of ear pain, tinnitus, and chronic sinusitis. The Veteran explained that although she was a cook, she had to cross train in a second job as a heavy equipment "forklift operator" in the "combat cargo handling unit". See Hearing Transcript at 6. The Veteran stated she worked in the hull of several ships as a forklift operator on active duty and in the reserves where she was exposed to noise, acoustic trauma without adequate hearing protection. Id. at 7. Regarding chronic sinusitis, the Veteran explained "she had to use diesel forklifts in the hull of the ship" which irritated her sinuses and reported "coughing black mucus from out lungs and noses". Id. at 11; see also NOD dated October 2015. Regarding disability of the ankles and feet, the Veteran contends she was treated in service in 1990 for foot pain and swelling which she attributed to the drills and combat boots. See Hearing Transcript at 11. She added that the "constant pounding" of the feet and ankles resulted in the current claimed conditions and that as a cook, she was required to stand on her feet "up to 16 hours a day." Id. The Board observes that the Veteran's testimony is consistent with her service treatment records which show treatment during service, during the reserves, and after service. To that end, the Board observes that the Veteran has not been afforded any VA examinations and there are no etiological medical opinions of record taking into consideration the Veteran's lay statements regarding her symptoms in service, during reserves, and medical history. Furthermore, there is insufficient medical evidence for the Board to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Additionally, the record contains the Veteran's lay statements regarding the onset of ankle swelling and foot pain which the Veteran attributed to combat boots during Operation Desert Shield/Storm. See Hearing Transcript at 12. In this regard, the Board notes the holding in the recent Federal Court decision of Saunders v. Wilkie, 886 F.3d 1356 (2018), which requires the AOJ to schedule the Veteran for a VA examination to determine whether the Veteran's reported pain causes functional impairment such that it may qualify as a disability in the event an underlying diagnosis is not provided. In light of the recent holding in Saunders, and to ensure that her claims are afforded full consideration, the Board concludes that examinations are necessary for the claimed disabilities. Thus, remand is warranted to afford the Veteran a VA examination. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. The matters are REMANDED for the following action: 1. Contact all appropriate sources in order to verify the specific dates when the Veteran was on active duty, ACDUTRA, and INACDUTRA as a member of the Naval Reserves. The AOJ should request the Veteran's complete service personnel records, including any line of duty determinations, and service medical records. All efforts to obtain the evidence must be documented in the claims file. 2. Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of her Meniere's disease, sinusitis, and tinnitus. The electronic record must be made available for review. Following examination of the Veteran, the examiner is to provide an opinion as to the following: a) Does the Veteran have a current diagnosis of the claimed disability of Meniere's disease, sinusitis, or tinnitus? If so, please identify. b) For each diagnosis, is it at least as likely as not (a 50 percent or greater probability) that the Veteran's current disorder is etiologically related to her period of active duty and Naval Reserves? The examiner is asked to consider the Veteran's hearing testimony describing her experiences as a cook, forklift operator in combat cargo handling during Operation Desert Storm/Shield. A complete rationale for all opinions is requested. 3. Schedule the Veteran for a VA examination with an appropriate medical professional to determine the nature and etiology of her claimed bilateral pes planus and ankle disability. The Veteran's electronic claims file must be made accessible to the examiner. Following examination of the Veteran, the examiner is to provide an opinion as to the following: a) Does the Veteran have a current diagnosis of the claimed osteoarthritis of the feet and ankles? If so, please identify. b) For each diagnosis, is it at least as likely as not (a 50 percent or greater probability) that the Veteran's current disorder is etiologically related to her period of active duty and Naval Reserves? c) Is at least as likely as not (50 percent or greater probability) that the Veteran's claimed disability manifested within one year of her service discharge from the reserves in 1996 and, if so, describe the manifestations. The examiner is asked to consider the Veteran's hearing testimony describing treatment for foot pain and swelling in October 1990 which she attributes to the drills and combat boots. The examiner is to consider lay evidence submitted by the veteran that the "constant pounding" of the feet and ankles resulted in the current claimed conditions and that as a cook, she was required to stand on her feet "up to 16 hours a day." A complete rationale for all opinions is requested. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. A., 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.