Citation Nr: 21068827 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 19-38 403 DATE: November 15, 2021 REMANDED The claim of entitlement to service connection for vertigo, including as secondary to service-connected bilateral hearing loss, is remanded. The claim of entitlement to service connection for nystagmus, including as secondary to service-connected bilateral hearing loss, is remanded. REASONS FOR REMAND The Veteran served on active duty (AD) from March 1956 to February 1961, May 1961 to January 1968, and June 1968 to February 1970. His claims come before the Board of Veterans' Appeals (Board) on appeal of an August 2016 Department of Veterans Affairs (VA) rating decision. The Veteran initially requested to testify before the Board at a live videoconference hearing. However, in a written statement received in September 2021, the Veteran's representative indicated that the Veteran wants the Board to proceed without him appearing at a hearing before a Veterans Law Judge. Entitlement to service connection for vertigo, including as secondary to service-connected bilateral hearing loss Entitlement to service connection for nystagmus, including as secondary to service-connected bilateral hearing loss The Veteran seeks service connection for vertigo and nystagmus on a secondary basis as secondary to his service-connected bilateral hearing loss. He does not assert that these conditions initially manifested in or are related to his active service. He bases his claim of entitlement to service connection for these conditions on the fact that they initially manifested after he was diagnosed with hearing loss. The Veteran is presently trying to obtain evidence in support of this claim, but in the meantime, as he withdrew his hearing request, it is crucial he be informed of what is needed to substantiate these claims. Service connection may be granted on a direct basis for disability resulting from disease or injury incurred in or aggravated by active military, naval or air service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. Service connection may be granted on a secondary basis for disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310. Here, treatment records confirm that the Veteran currently has vertigo and nystagmus, conditions that presented in combination with other medical issues, including the Veteran's service-connected hearing loss and tinnitus. However, in July 2016, a VA examiner found that there are many causes of vertigo, and it is less likely than not that this condition is proximately due to or the result of the Veteran's hearing loss. This opinion is inadequate as it does not indicate whether the vertigo is aggravated by the Veteran's service-connected hearing loss or discuss the nystagmus. An addendum opinion is therefore needed. The matters are REMANDED for the following action: Obtain an addendum opinion. The examiner should review all pertinent evidence of record and offer an opinion as to whether the Veteran's vertigo is at least as likely as not aggravated by his service-connected bilateral hearing loss and/or tinnitus. The examiner should also offer an opinion as to whether the Veteran's nystagmus is at least as likely as not due to or the result of his service-connected hearing loss and tinnitus. If not, the examiner should offer an opinion as to whether the Veteran's nystagmus is at least as likely as not aggravated by his service-connected bilateral hearing loss and/or tinnitus. The examiner should provide a thorough rationale for each opinion. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. N. 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.