Citation Nr: 21066686
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 17-23 132
DATE: November 1, 2021

REMANDED

Entitlement to service connection for vertigo as secondary to tinnitus is remanded.

REASONS FOR REMAND

The Veteran served in the Oklahoma Army National Guard from May 1983 to July 1998, to include periods of active service from June 1983 to August 1983, and from May 1984 to August 1984.  In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). 

As an initial matter, the Board notes that the issues of entitlement to service connection for tinnitus and entitlement to service connection for any mental health condition, to include anxiety and depression as secondary to tinnitus, were remanded for further development by the Board in March 2021.  In a July 2021 rating decision, the Regional Office (RO) granted service connection for tinnitus and for a mood disorder (claimed as any mental health condition, to include anxiety and depression as secondary to tinnitus).  This decision was a complete grant of benefits with respect to the issues of service connection pertaining to tinnitus and a mental health condition.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  As such, these issues are no longer on appeal before the Board. 

With regard to the Veteran's claimed vertigo, the Board specifically requested in the March 2021 remand that efforts be made to obtain identified private treatment records.  Subsequently, the Veteran submitted 3 separate General Release for Medical Provider Information to the VA forms in April 2021.  Efforts were made to obtain medical records from providers listed on only one of the forms.  As no attempts were made to obtain records from providers listed on the other 2 forms, this claim must regrettably be remanded once again to obtain these records.   

The matters are REMANDED for the following action:

Request the following records identified in the 2 separate April 2021 General Release for Medical Provider Information to the VA forms from: Via Christi Hospital, Dr. Thopa, Dr. Rhadi, Dr. Purdy, Dr. Meyers, Via Christa St. Francis Hospital, KS Medical Center, and Dr. Rosso.  If additional authorization is needed to obtain these records, please obtain such authorization.  Associate any records received, including negative responses, with the claims file.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Durham, 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.