Citation Nr: 21074983
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-28 840A
DATE: December 16, 2021

REMANDED

Entitlement to service connection for left ear hearing loss is remanded.

Entitlement to service connection for vertigo secondary to left ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Navy from August 1962 to September 1966. 

He testified before the undersigned at a videoconference hearing in January 2020; a transcript is associated with the record.  

The Board remanded the appeal in July 2020 in order to schedule the Veteran for a VA examination and opinion as to an acquired psychiatric disorder.  The opinion was completed in October 2020.

1. Entitlement to service connection for left ear hearing loss is remanded.

2. Entitlement to service connection for vertigo secondary to left ear hearing loss is remanded.

In July 2020, the Board denied the Veteran service connection for left ear hearing loss and vertigo.  The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court).  

In August 2020, the Court granted a Joint Motion for Partial Remand (JMPR).  The Court's order remanded the matter for action consistent with the terms of the JMPR.  Specifically, the May 2017 and January 2013 VA examinations failed to address lay statements by the Veteran indicating his hearing loss had its onset in service.  Also, the Court found that VA physicians have attributed his vertigo to anxiety.  

The Board denied service connection for an acquired psychiatric disorder, to include anxiety, in a January 2021 decision.  As such, a remand for vertigo secondary to anxiety is unnecessary.

However, a remand is appropriate to provide the Veteran with additional VA opinions addressing the etiology of his left ear hearing loss and vertigo. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's left ear hearing loss is at least as likely as not related to his service.  

The examiner is asked to specifically address the Veteran's contentions regarding the onset of his symptoms. 

2. Obtain an addendum opinion from an appropriate clinician to determine whether the Veteran's vertigo is related to his service and/or caused or aggravated beyond its natural progression by left ear hearing loss.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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.