Citation Nr: 22015236
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 17-50 823
DATE: March 16, 2022

REMANDED

Entitlement to service connection for vertigo is remanded.

Entitlement to service connection for migraines is remanded.

REASONS FOR REMAND

The Veteran served in the Army from November 1972 to November 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).   In September 2020, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. These claims were last before the Board in August 2021 where they were remanded for additional development.

1. Entitlement to service connection for vertigo is remanded.

2. Entitlement to service connection for migraines is remanded.

The Veteran is seeking entitlement to service connection for vertigo and migraines. Although he has claimed it as secondary to his tympanic membrane perforation, VA treatment records note the Veteran reporting that the perforation occurred after he slipped off the back of tank and hit his head and ruptured his ear drum. Review of service treatment records confirm that he was hit on side of his head in July 1975 resulting in the traumatic eardrum perforation. While VA opinions have been obtained regarding whether the claimed conditions are related to the service-connected perforated eardrum, an opinion addressing whether the claimed conditions are related to being hit in the head during service has not been  obtained. Thus, an addendum opinion is needed.

Moreover, additional VA treatment records have been associated with the claims file. Such records should be considered on remand by the agency of original jurisdiction in the first instance.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion with respect to the Veteran's vertigo and migraine claims. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one      should be scheduled. After review of the claims            file, the examiner should provide an opinion as to whether it is at least as likely as not (in approximate balance) that the Veteran's vertigo and/or migraine headaches are delayed post-traumatic residuals of being hit on the side of his head on July 14, 1975 during service. The examiner should explain why or why not.

2. If the claims remain denied, issue a supplemental statement of the case. 

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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.