Citation Nr: 21042231 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 17-52 485 DATE: July 12, 2021 REMANDED Entitlement to service connection for Meniere's syndrome is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from December 1963 to December 1966, including service in Vietnam. The Veteran testified before the undersigned Veterans Law Judge in a June 2021 hearing. 1. Entitlement to service connection for Meniere's syndrome is remanded. The Veteran contends Meniere's syndrome was caused by service. Specifically, the Veteran stated hearing loss and tinnitus began during service and symptoms of vertigo began shortly approximately two years after discharge from service. See June 2021, Board hearing; September 2017, VA Form 9. Further, the Veteran and his wife of 53 years testified that the Veteran's dizziness began in the late 1960s, which was when the Veteran was in his early twenties. The Veteran also testified that he knew he was dizzy but did not know what vertigo was. The Veteran's military occupational specialty was a boiler technician, which is highly probable for noise exposure. See December 2014, DD-214. The Board finds a new VA examination is necessary. In May 2017, a VA examiner determined it was too speculative to find Meniere's syndrome was directly related to active service because the Veteran's vertigo symptoms began in the mid-2000s, there was no evidence the Veteran suffered from hearing loss or tinnitus during service, and the Veteran's hearing was normal on the exit examination. The examiner, however, did note that the exit hearing test appeared to be a whisper test, which can be highly unreliable. The Board finds the May 2017 VA examiner's negative nexus opinion is inadequate as it was speculative and based on inaccurate facts regarding the onset and continuity of vertigo, hearing loss, and tinnitus symptoms. See Reonal v. Brown, 5 Vet. App. 548 (1993). Accordingly, a new examination with a different examiner is warranted. The evidence of record indicates the Veteran has received private treatment from Dr. T. H. for Meniere's syndrome, but complete records have not been associated with the claims file. See November 2016, Private treatment records. On remand, any previously unobtained records should be procured and associated with the claims file. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he identify any and all outstanding medical providers who have treated him for or symptoms associated with Meniere's syndrome, to include Dr. T. H. and Our Lady of the Lake at Livingston. After receiving the necessary authorization forms from the Veteran, obtain any pertinent records and associate them with the claims file. Document any unsuccessful efforts to obtain the records, inform the Veteran of such, and advise him that he may obtain and submit those records himself. 2. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of any in-service and post-service symptomatology regarding his Meniere's syndrome. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 3. Schedule the Veteran for a VA examination with an examiner other than the May 2017 examiner (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the nature, onset and etiology of Meniere's syndrome. The examiner must also assume as true the competent and credible report that the onset of the Veteran's dizziness was in the late 1960s. The examiner should opine as to: (a.) Whether it is at least as likely as not that Meniere's syndrome or the underlying disease process had its onset in or is otherwise related to the Veteran's period of service. The examiner should address the Veteran's competent and credible statements that: (1) symptoms of hearing loss and tinnitus began during service and have been continuous since discharge and (2) dizziness/vertigo symptoms began two years after discharge from service and have been continuous. (b.) Whether it is at least as likely as not that Meniere's syndrome or the underlying disease process was proximately due to or the result of the Veteran's service-connected bilateral hearing loss or tinnitus. (c.) Whether it is at least as likely as not that Meniere's syndrome or the underlying disease process was aggravated by the Veteran's service-connected bilateral hearing loss or tinnitus. The examiner must provide a rationale for any and all opinions expressed, which should be set forth in a legible report. If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Straughn, 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.