Citation Nr: 21011017 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 14-43 353 DATE: February 26, 2021 ORDER Service connection for vertigo, as secondary to service-connected cerebrovascular accident (CVA), is granted. REMANDED The issue of service connection for gastroesophageal reflux disease (GERD) is remanded. FINDING OF FACT The evidence is at least evenly balanced as to whether the Veteran’s vertigo is caused by his service-connected CVA. CONCLUSION OF LAW With reasonable doubt resolved in favor of the Veteran, the criteria for service connection for vertigo, as secondary to service-connected CVA, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.303, 3.310. . REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1965 to November 1967. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In April 2016, the Veteran’s wife and son testified before the Board on the Veteran’s behalf, as he was bedridden. In June 2016 and October 2017, the Board remanded the appeal for additional development. Service Connection on a Secondary Basis Service connection is warranted for disability proximately due to, the result of, or aggravated by a service-connected disease or injury. 38 C.F.R. § 3.310 (a), (b). Service connection for vertigo. The Veteran seeks service connection for vertigo. The medical evidence shows a current diagnosis of vertigo. See VA examination report (September 2020). The Veteran’s service-connected disabilities include a CVA. A September 2020 VA examination report shows that a VA examiner wrote that the Veteran was aphasics and that his wife gave his history for vertigo, which was vague. The examiner noted that “most symptomatology associate[s] to cerebral aneurysm.” The examiner did not provide an opinion as to whether the Veteran’s vertigo was caused or aggravated by his service-connected CVA, but instead provided a negative nexus opinion between the Veteran’s vertigo and his military service. In the examiner’s rationale he indicated that “determination of vertigo post CVA is difficult because the Veteran is bedridden and aphasic.” The examiner concluded that an association between vertigo and CVA was difficult. In this case, although the September 2020 VA examiner indicated that an association between the Veteran’s vertigo and CVA was difficult, the examiner acknowledged that “most” of the Veteran’s vertigo symptomatology was associated with his CVA. Therefore, resolving any reasonable doubt in the Veteran’s favor, the Board finds that the Veteran’s vertigo was caused by his service-connected CVA. Therefore, service connection for vertigo, as secondary to service-connected CVA, is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. REASONS FOR REMAND The issue of service connection for GERD is remanded. In October 2017, the Board remanded the appeal to associate with the claims file the Veteran’s medical records of his fee-basis treatment at Centro de cirujia endovascular at Centro Medico since April 2008. In its remand, the Board directed the agency of original jurisdiction (AOJ) to notify the Veteran of the attempts made to obtain such records, if the records could not be obtained. In May 2020, the Veteran submitted a VA Form 21-4142a identifying his private treatment provider from 2008 to 2011. The AOJ made two requested from the private treatment provider that the Veteran identified in his May 2020 VA Form 21-4142a. The private treatment provider did not respond. Thereafter, the AOJ submitted letters to the Veteran requesting him to submit private treatment records in his possession from the private treatment provider that the he identified in his May 2020 VA Form 21-4142a,. See, e.g., VA notification letter (September 2020). The letters submitted to the Veteran requesting him to submit private treatment records in his possession were returned as undelivered mail. In this case, the evidence shows that the Veteran has still not been notified that the private treatment provider that he identified in his May 2020 VA Form 21-4142a has not submitted treatment records and that he should submit any records in his possession. Therefore, a remand is needed to verify the Veteran’s correct address and submit notification regarding his requested treatment records. The matter is REMANDED for the following action: Verify the Veteran’s correct address and then notify him to submit private treatment records in his possession from the private treatment provider that he identified in his May 2020 VA Form 21-4142a. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Castillo, 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.