Citation Nr: 21015924 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 18-01 217 DATE: March 18, 2021 ORDER Service connection for Meniere’s syndrome, to include vertigo, is granted. FINDING OF FACT The Veteran’s vertigo had its onset in service. CONCLUSION OF LAW The criteria for service connection for Meniere’s syndrome, to include vertigo, have been met. 38 U.S.C. §§ 1101, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from October 1985 to August 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. This case was previously before the Board in May 2020 and remanded for additional development. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303 (2018). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. See Alemany v. Brown, 9 Vet. App. 518 (1996). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a). The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). Indeed, in Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability. Id. at 1076; see also 38 U.S.C. § 7104 (a) (West 2002). Moreover, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). Meniere’s syndrome The Veteran reports that service connection for Meniere’s syndrome due to exposure to mercury and TCE is warranted. In support, he stated at his March 2020 BVA hearing that during service he was an electrician mate and was exposed to mercury or TCE since he spent a lot of time in the engine room. Additionally, he began to suffer from vertigo in service. See BVA hearing transcripts (March 2020). Moreover, the record confirms the Veteran’s diagnosis and VA medical treatment for the claimed condition. In addition, in March 2020, the Veteran’s spouse submitted a statement stating that the Veteran experience dizziness, ringing in the ears and stumbling while in service and thereafter until he was officially diagnosed with Meniere’s disease. See buddy statement, K.O., (March 2020). The Veteran was diagnosed with Meniere’s syndrome and vertigo. See VA medical examination (October 2020). Thus, the Veteran has a current condition and establishes the first element for service connection. Additionally, the service treatment records show he suffered from vertigo in service. See STR (February 1990). The Veteran’s records show complaints of Meniere’s symptoms and treatment. See VA medical treatment record (April and October 2019) and see also non-VA medical treatment record (December 2014). Further, the Veteran provided sworn testimony explaining his vertigo problems in service and treatments thereafter. See BVA hearing transcripts (March 2020). The evidence shows that the Veteran’s Meniere’s condition, to include vertigo, is related to service, thus, service connection is warranted. See Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that “the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty”). The Board finds that the evidence linking the Veteran’s Meniere’s condition, to include vertigo, to service is probative, competent and credible. Further, the Board also finds that the competent and credible medical and lay evidence, including the Veteran’s sworn testimony, spouse and private physician statements shows that his Meniere’s syndrome began during service and have been recurrent since that time. See BVA hearing transcript (March 2020), private physician letter, S.R., (December 2020), and see also buddy statement, K.O., (March 2020). The Veteran is competent to report his Meniere’s, to include vertigo condition that began in service and the Board finds the Veteran’s statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. The Board finds that the medical and lay evidence is consistent with other evidence of record, and further finds that it is competent and credible. The Board finds that the evidence, including the Veteran’s sworn testimony, shows that the Veteran’s Meniere’s condition, to include vertigo, had its onset in service and have been recurrent since that time. Resolving all reasonable doubt in the Veteran’s favor, the Board finds that the Veteran’s Meniere’s condition, to include vertigo, had its onset during his period of military service. As such, service connection is granted. See 38 C.F.R. § 3.303(a). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alvarado- 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.