Citation Nr: 21074730 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 19-14 832A DATE: December 16, 2021 REMANDED The claim of entitlement to service connection for Meniere's disease is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1992 to July 1996. This matter comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified in a hearing before the Board. A transcript of the hearing is included in the record and has been reviewed. A remand of this matter is necessary. The Veteran should be provided a VA compensation examination into his claim that he incurred a vestibular disorder during service. The record does not show a diagnosis of Meniere's disease. But VA treatment records dated in 2018 note vestibulopathy, vestibular therapy, and vestibular weakness, while a physician's note received in April 2021 notes treatment "by the vestibular rehabilitation therapy clinic for ... chronic dizziness that is suspected to be Meniere's disease." The service treatment records (STRs) do not note the diagnosis of a vestibular disorder during service. But the STRs note multiple complaints of dizziness, headaches, nausea, and hearing loss during service. Further, the Veteran has been service connected for hearing loss disability and tinnitus. Based on the foregoing, medical inquiry should be conducted into the question of whether the Veteran incurred during service a vestibular disorder, to include Meniere's disease. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009) (in determining the scope of a claim, the Board must consider the claimant's description of the claim, symptoms described, and the information submitted or developed in support of the claim). The matter is REMANDED for the following action: 1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. 2. Undertake appropriate development to obtain any outstanding records pertinent to the claim. Include in the claims file any outstanding VA treatment records. 3. Schedule an examination to determine the nature and etiology of any vestibular disorder. After reviewing the electronic claims folder, interviewing the Veteran, and examining him, the examiner should answer the following questions: (a) Does the Veteran have a vestibular disorder? (b) If so, is it at least as likely as not (probability of 50 percent or more) that a vestibular disorder had its onset during service or is related to a disease, event, or injury during service? In answering this question, note the STRs showing complaints of dizziness, headaches, nausea, and hearing loss, and note the Veteran's lay assertions that head injuries during service relate to a vestibular disorder. The term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a certain conclusion is so evenly divided that it is as medically sound to find in favor of such a conclusion as it is to find against it. In rendering the requested opinion, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. (Continued on the next page) Please explain in detail any opinion provided and the supporting rationale. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher McEntee 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.