Citation Nr: A21020181 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 191024-43933 DATE: December 17, 2021 REMANDED Entitlement to service connection for dizziness as due to undiagnosed Gulf War Illness and/or Gulf War environmental hazard exposure is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 2006 to March 2007 and August 2008 to October 2009, with additional service in Army Reserve. The Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA) was signed into law on August 23, 2017. This remand has been written consistent with the Appeals Modernization Act (AMA) framework, under which a remand is permissible only to correct pre-decisional duty to assist errors. 38 C.F.R. § 20.802. The Veteran's claim for service connection for dizziness was deferred in a March 2019 rating decision, denied in a June 2019 rating decision, deferred in a separate June 2019 rating decision, and finally denied in a September 2019 rating decision. In October 2019, the Veteran submitted multiple VA Form 10182 (Notice of Disagreement or NODs). The relevant NOD noted objection to a March 2019 rating decision. Other VA Form 10182s also identify a September 2019 rating decision. Thus, construing the form liberally, the Board of Veterans Appeals (Board) finds that this matter is on appeal from a September 2019 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). Under AMA, the Board does not have a duty to assist the Veteran in obtaining evidence in support of his claim. However, the Board is responsible for identifying duty to assist errors that were made by the Agency of Original Jurisdiction (AOJ), prior to the rating decision on appeal. 38 C.F.R. §§ 3.159, 20.802. Once identified, the Board must remand to the AOJ to correct pre-decisional duty to assist errors. 38 C.F.R. § 20.802. A thorough review of the claims file shows the Veteran was afforded an April 2019 Gulf War General Medical Examination and concurrent VA ear conditions (including Vestibular and Infectious Conditions) examination. The Veteran reported first experiencing dizziness while stationed in Korea. The examiner noted the Veteran complained about dizziness in 2014 and has current intermittent dizziness. The examiner subsequently provided a negative nexus opinion, indicating dizziness is a disease with a clear and specific etiology and diagnosis, and is not caused by Gulf war exposure. As a rationale, the examiner noted dizziness has many possible causes, including inner ear disturbance, motion sickness and medication effects, and is sometimes caused by an underlying health condition, such as poor circulation, infection, or injury. There are no other medical etiology opinions addressing dizziness in the claims file. The Board finds that the April 2019 examination is inadequate as it does not address the theory of direct service connection raised by the medical evidence, specifically the Veteran's report of dizziness while stationed in Korea. The Veteran's service treatment records and the April 2019 examination indicate that the Veteran may be entitled to service connection based on a theory of direct connection, however, this theory was not developed prior to the rating decision on appeal. Additional development is thus necessary to correct this pre-decisional duty to assist error. 38 C.F.R. § 20.802. Once VA undertakes the effort to provide an examination, it must obtain a fully adequate one. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). This should be corrected on remand. In addition, the Veteran's DD-214 indicates he served in Korea. However, after a thorough review of the claims file, the Board is unable to identify any military personnel records confirming the dates when the Veteran was stationed in Korea. This should also be addressed on remand. The matter is REMANDED for the following action: 1. Contact the appropriate sources to obtain any outstanding military personnel records and verify the period(s) of active military service in Korea. 2. A further opinion must be obtained on the claim for service connection for the Veteran's diagnosed dizziness. A new examination is not required by this remand, but if a new examination is deemed necessary, then the most up to date disability benefits questionnaire should be used. The claims file must be reviewed, after which the examiner should provide an opinion as to whether it at least as likely as not (a 50 percent or greater probability) that the Veteran's dizziness was incurred in or caused by his active service. The examiner must include a complete rationale for all opinions expressed. J. Kirby Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Banks, Associate 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.