Citation Nr: 22017332
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 20-20 825
DATE: March 24, 2022

REMANDED

Entitlement to service connection for a Meniere's disease disability is REMANDED.

REASONS FOR REMAND

The Veteran served honorably in the United States Army from April 1958 to September 1978.  

Entitlement to service connection for a Meniere's disease disability is remanded.

In August 2016, the Veteran submitted a VA Form 21-526EZ.  Thereby, the Veteran initiated a claim for service connection for Vertigo.

In July 2020, the Board addressed the Veteran's claim for service connection.  At that time, the Board remanded the Veteran's claim for vertigo to the agency of original jurisdiction (AOJ) in order to secure a VA examination report that addressed the etiology of any vertigo currently endured by the Veteran.  

In February 2021, the Veteran underwent a VA examination that considered the nature and etiology of currently endured ear conditions.  The reporting examiner relayed that the Veteran's current tinnitus may be attributable to Meniere's Syndrome.  The examiner noted that the Veteran's claims file indicated a provisional diagnosis for Meniere's Syndrome.  The examiner opined that the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the U.S. Army service.  However, the examiner qualified his opinion stating that "(i)f the Veteran were to be examined by a specialist now and a cause was determined other than age, then this evaluation could be reconsidered."  This language suggests that the examiner may not have the medical expertise necessary to render an opinion on this matter.  Accordingly, the Board finds that a remand of this claim is warranted.  On remand, the AOJ should secure a VA examination report, from a specialist, that addresses the nature and etiology of any vertigo and / or Meniere's Syndrome currently manifested.  

Consequently, the matter is REMANDED to the agency of original jurisdiction (AOJ) for the following action:

1. Contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from VA, Federal, or private health care providers.  With the Veteran's assistance obtain copies of any pertinent records and add them to the claims file.  Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c) (2020).  If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e).

2. Schedule the Veteran for a VA examination, with a specialist in the medical area, to determine the nature and etiology of any currently endured vertigo and/or Meniere's Syndrome.  The claims file should be made available to, and be reviewed by, the examiner, and it should be confirmed that such records were reviewed.  

 

The examiner should:

For any currently diagnosed vertigo and/or Meniere's Syndrome identified, indicate whether the disability is at least as likely as not (a 50 percent probability or greater) related to the Veteran's United States Army service.

An explanation for all opinions expressed must be provided.  All opinions must take into account the Veteran's own history and contentions.

3. The AOJ must ensure that the examination report requested above is in compliance with the directives of this remand.  If any report or opinion is deficient in any manner, the AOJ must implement corrective procedures at once.

4. Thereafter, the AOJ should consider all of the evidence of record and readjudicate the claim for service connection for Meniere's Syndrome.  

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	RLBJ, 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.