Citation Nr: 21010574 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 19-20 949 DATE: February 25, 2021 ORDER Service connection for vertigo is granted. FINDING OF FACT The Veteran’s vertigo had its onset during service or is otherwise related to service. CONCLUSION OF LAW The criteria for service connection for vertigo have been met. 38 U.S.C. §§ 1110, 1112, 1113, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Marine Corps from June 2007 to March 2012. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2013 rating decision. The Veteran testified before the Board at a hearing in September 2020. A transcript of the hearing has been associated with the claims file. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show the existence of (1) a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Certain chronic diseases are subject to presumptive service connection if the disease manifests to a compensable degree within one year of separation from service even though there is no evidence of such disease during the period of service. This presumption is rebuttable by affirmative evidence to the contrary. 38 U.S.C. §§ 1112, 1113; 38 C.F.R. §§ 3.307(a)(3), 3.309(a). Moreover, for such chronic diseases, an alternative method of establishing the second and third Shedden element is through a demonstration of continuity of symptomatology if the disability claimed qualifies as a chronic disease listed in 38 C.F.R. § 3.309(a). 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2014). Additionally, evidence of continuous symptoms since active duty is a factor for consideration as to whether a causal relationship exists between an in-service injury or incident and the current disorder as is contemplated under 38 C.F.R. § 3.303(a). The Board has reviewed the evidence of record and finds that service connection is warranted for the Veteran’s vertigo. First, at the September 2020 hearing before the Board, the Veteran provided credible testimony regarding his claim of service connection for vertigo. The Veteran stated that during service he began to experience symptoms related to vertigo, including staggering, tripping, and having dizzy spells. The Veteran stated that he experienced these symptoms for a few years during service before eventually seeking medical treatment in 2011 due to the encouragement of a fellow servicemember. The Veteran stated that during service he was diagnosed as having vertigo and was prescribed meclizine for his symptoms related to vertigo. Further, the Veteran stated that his symptoms related to vertigo have continued since service to the present. The Veteran also stated that he continues to treat for vertigo and that he takes precautions and limits his daily activities due to his vertigo related symptoms. Additionally, the Veteran submitted multiple credible and consistent statements regarding his claim of service connection for vertigo, including in August 2014, October 2017, January 2018, and July 2018. In these statements, the Veteran asserted that his symptoms related to vertigo first started during service and continue to the present and that he was diagnosed as having vertigo during service. The Board finds the Veteran’s credible and consistent statements and hearing testimony to be of highly probative value as the evidence supports a finding of service connection by demonstrating continuing symptoms related to the Veteran’s vertigo since service to the present. Next, the Veteran’s service treatment records (STRs) specifically demonstrate a diagnosis of vertigo. During his May 2007 entrance examination there are no indications of vertigo; however, during the October 2011 separation examination the Veteran stated that he experienced dizziness. The separation examiner noted that the Veteran experienced dizziness while laying down that occurred mostly when awakening. The examiner noted occasional vertigo with head positioning change, which was determined to be benign positional vertigo and was noted as not considered disabling. Moreover, the November 2011 STRs indicate that the Veteran was diagnosed as having vertigo and was prescribed meclizine to treat his vertigo related symptoms. The Board finds that this evidence demonstrates that the Veteran was noted to have a history of vertigo related symptoms during service and was also diagnosed as having vertigo shortly before separation from service. Further, the VA treatment records also indicate longstanding complaints of vertigo and a present diagnosis of vertigo. The May 2014 VA treatment records document a history of dizziness with meclizine prescribed for relief. In April 2017 VA treatment records, the Veteran requested an appointment with a specialist for symptoms related to vertigo that he had been experiencing for the prior 8 years. The June 2017 VA treatment records indicate a diagnosis of vertigo. In January 2018 VA treatment records, the Veteran complained of longstanding symptoms related to vertigo that started in 2008 during service. The Veteran stated he experiences symptoms related to vertigo approximately three to four times per week and that he takes meclizine for his vertigo related symptoms. The Board finds that this evidence supports a finding of service connection by demonstrating that the Veteran has a present diagnosis of vertigo and that his longstanding symptoms related to vertigo first started during service and continue to the present. In summary, the Board finds that the probative evidence of record demonstrates that the Veteran’s symptoms related to vertigo first started during service, that the Veteran was diagnosed as having vertigo during service, that the Veteran’s symptoms related to vertigo have continued since service to the present, and that the Veteran has a present diagnosis of vertigo. Accordingly resolving any remaining reasonable doubt in the Veteran’s favor, the Board finds that the requirements for establishing service connection for vertigo have been met. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Therefore, the appeal is granted. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Page-Nelson, 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.