Citation Nr: 21042235
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 16-53 613
DATE: July 12, 2021

REMANDED

Entitlement to service connection for a peripheral vestibular disorder, to include vertigo, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from March 1968 to March 1972. 

This case comes before the Board of Veterans' Appeals (Board) on appeal of a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  When this case was last before the Board in November 2018, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration.

The Veteran has been provided a VA examination in April 2013, April 2017, and November 2020. In the most recent examination, the examiner opined the Veteran's vertigo was less likely than not caused or aggravated by his service-connected bilateral hearing loss or tinnitus. The examiner provided references to medical literature supporting his opinion for both causation and aggravation. However, a direct service connection opinion was not provided. 

A negative opinion was provided by the April 2013 VA examiner. The examiner stated the Veteran's vertigo was less likely than not incurred in or caused by an in-service event as the Veteran's in-service complaints of a dizzy spell were due to an injury in which he fell through a window. However, the examiner did not provide supporting rationale for this opinion. The examiner also failed to address the Veteran's history of stapedectomy surgery and his lay statements that he has experienced periods of imbalance since he was 20 years old. The Board notes no direct service connection opinion was provided in the April 2017 VA examination. 

This matter is REMANDED for the following action:

1. Obtain a VA opinion from an appropriate clinician regarding the etiology of the Veteran's vertigo. The claims file, including a copy of this remand, must be made available to and reviewed by the clinician. 

2. After review of the claims file, the clinician is asked to provide a response to the following: 

(a.) Is it at least as likely as not that the Veteran's vertigo was incurred in or caused by an in-service injury, event, or illness? 

A complete rationale should be provided. In providing his or her opinion, the clinician shall address the Veteran's June 1971 injury in which he fell through a window and subsequent reports of dizziness; the Veteran's statements that he has experienced periods of imbalance since he was 20 years old, during his military service; and, the Veteran's Stapedectomy surgery in the early 1970s. 

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Townsend, 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.