200508-84325, 200508-84325

Veteran served on active duty and in the Army Reserve (active service: Oct 1998–Apr 1999; additional active service periods through 2003; Reserve training continued into 2016–2017).
Veteran experienced tinnitus after an AT-4 firing in 1999 and VA found tinnitus service-connected due to noise exposure.
Private records show a diagnosis of Meniere's disease on January 3, 2017; the Veteran reported a first vertigo attack on Thanksgiving Day (preceded by increased tinnitus and ear fullness) and subsequent attacks into January 2017.
VA medical examiner (March 2020) concluded Meniere's disease was not incurred in or caused by service; VA examiner in 2020 attributed tinnitus to in-service noise exposure.
Representative argued Meniere's disease began in service and continuity of symptomatology is established by service-connected tinnitus; Board found no in-service vertigo, no manifestation to a compensable degree within the presumptive period, and no competent evidence of Meniere’s onset in service.
Board denied service connection for Meniere's disease with vertigo because preponderance of evidence is against the claim (no in-service onset, no continuity of symptoms tying tinnitus to Meniere’s, and lay evidence insufficient to establish diagnosis/etiology).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Meniere's disease was incurred in or caused by active service	Meniere's began during service; tinnitus (service‑connected) was an ongoing symptom of Meniere's	No evidence of vertigo or Meniere's manifestations in service; onset occurred after service	Denied — no in‑service onset shown
Whether Meniere's qualifies for presumptive service connection as a chronic disease within one year of separation	Continuity from in‑service tinnitus establishes chronicity	No characteristic manifestations (vertigo) during service or within presumptive period	Denied — did not manifest to compensable degree in presumptive period
Whether continuity of symptomatology (tinnitus) links current Meniere's to service	Tinnitus began in 1999 during service and therefore shows continuity	Tinnitus predated Meniere's by many years and worsened only immediately prior to first vertigo attack	Denied — tinnitus not shown to be ongoing symptom of Meniere's since service
Whether lay/representative statements can establish diagnosis or nexus	Veteran/rep competent to report symptoms and assert relation to service	Diagnosis and etiology require medical evidence; lay testimony insufficient for complex medical nexus	Denied — lay evidence insufficient to establish diagnosis or causation beyond observable symptoms

Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements required for service connection)
Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (limits on lay competence to provide medical etiology)
Layno v. Brown, 6 Vet. App. 465 (1994) (lay testimony competent to describe observable symptoms)
Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance of the evidence standard applies to VA claims)