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VA RULES THAT VETERAN NOT ENTITLED TO MEDICAL EXAMINATION TO PROVE DISABILITY
Veterans entitled to VA paid medical examinations to help prove disability only under specific circumstances
Dreiling was an honorably discharged vetern seeking disability compensation benefits for hearing loss. Dreiling argued that he is entitled to a VA medical examination because he submitted a claim with a current diagnosis from a private audiologist. He also argues that he claimed that his Meniere's disease was secondary to his bilateral hearing loss and tinnitus and that VA failed to adjudicate his claim pursuant to 38 C.F.R. § 3.310.
DENIED: there is no evidence of record that Mr. Dreiling suffered from any symptoms of Meniere's disease in service or any indication that his claimed Meniere's disease is related to an alleged in-service event, injury, or disease. Accordingly, the Board did not clearly err in determining that Mr. Dreiling is not entitled to a VA medical examination for his claimed Meniere's disease.
Pursuant to 38 C.F.R. § 3.159(c)(4)(i) (2010), VA must provide a claimant a medical opinion or examination if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but
(A) Contains competent lay or medical evidence of a current diagnosed disability or persistent or recurrent symptoms of disability;
(B) Establishes that the veteran suffered an event, injury or disease in service, or has a disease or symptoms of a disease listed in [38 C.F.R.] § 3.309,§ 3.313, § 3.316, and § 3.317 manifesting during an applicable presumptive period provided the claimant has the required service or triggering event to qualify for that presumption; and
(C) Indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or with another service-connected disability.
Dreiling v. Shinseki (01/03/2011)
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