Citation Nr: 21007394
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 17-26 746
DATE: February 9, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for vertigo with eustachian tube dysfunction is remanded.

REASONS FOR REMAND

The appellant is a Veteran who had active service from February 1996 to September 2004, November 2008 to August 2009, August 2009 to September 2009, and from September 2009 to June 2010, and also had periods of reserve service. This matter is before the Board of Veterans’ Appeals on appeal from a June 2013 rating decision that, in pertinent part, granted service connection for vertigo with eustachian tube dysfunction, rated 10 percent. In January 2021 a hearing in the matter was held before the undersigned. A transcript of the hearing has not yet been associated with the file, but will still be processed and associated with the claims file in the ordinary course of business. 

Entitlement to a rating in excess of 10 percent for vertigo with eustachian tube dysfunction.

At the January 2021 Board hearing, the Veteran argued that his service-connected vertigo with eustachian tube dysfunction is more appropriately rated under the criteria for rating Meniere’s disease, and that his intent since he filed the claim has been to receive such rating. Notably, he has a pending claim of service connection for Meniere’s before the Agency of Original Jurisdiction (AOJ) under the Appeals Modernization Act (AMA) claims process, and the Board does not currently have jurisdiction over that issue.  On the most recent (March 2020) VA examination the examiner found that the previous diagnosis of vertigo with eustachian tube dysfunction was erroneous, and that the correct diagnosis is Meniere’s disease.  If service connection for Meniere’s is granted, such would appear to resolve this appeal in the manner the Veteran seeks

Given the Veteran’s arguments and the findings of the March 2020 VA examiner, the issue of entitlement to a rating in excess of 10 percent for vertigo with eustachian tube dysfunction is inextricably intertwined with the issue of service connection for Meniere’s disease. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Given the foregoing, a remand for readjudication of the instant increased rating claim upon resolution of the pending claim of service connection for Meniere’s disease is necessary. 

The matter is REMANDED for the following:

After the claim of service connection for Meniere’s disease is decided, and following any further development necessary, readjudicate the claim for an increased rating for vertigo with eustachian tube dysfunction considering that decision (and the opinion by the March 2020 VA examiner).

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Baker, 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.