Board reasoning
The Board remanded the case to obtain a VA medical opinion addressing whether the veteran's current symptoms are residuals of an in-service ARD or otherwise related to the period of ACDUTRA, after determining that meningitis was not diagnosed and that ARD is the correct infection. The opinion must review the claims file and provide a full rationale, considering whether residuals such as weakness, fatigue, difficulty standing, back pain, and shortness of breath with cramping are at least as likely as not caused or aggravated by service or ARD.
Citation Nr: 26001412
Decision Date: 01/30/26 Archive Date: 01/30/26
DOCKET NO. 16-19 681
DATE: January 30, 2026
REMANDED
Entitlement to service connection for residuals of in-service illness, diagnosed as acute respiratory distress (ARD), is remanded.
REASONS FOR REMAND
The Veteran served on active duty for training (ACDUTRA) in the United States Army from January 1977 to April 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).
The Board remanded the matter for further development multiple time. Unfortunately, remand is again necessary to obtain a VA medical opinion.
The Board notes that although the Veteran has repeatedly alleged he had meningitis in service, and his claim has been characterized to reflect his allegation, the evidence of record clearly and unmistakably shows that meningitis was not, in fact, validly diagnosed at any time. VA examiners have specifically found such following review of the complete file, to include in-service and post-service records. Instead, the proper diagnosis is ARD; the Veteran did have an infection in service, and the matter on appeal is characterized to reflect such, and the correct infection.
In October 2022 and June 2024 VA examinations for central nervous system and neuromuscular disease, the Veteran identified weakness throughout his body, fatigue, difficulty standing, back pain, and shortness of breath with cramping as current residuals of his reported meningitis. Unfortunately, the VA medical opinions obtained up to this point have not sufficiently addressed whether these currently reported symptoms are residuals of his in-service ARD. Thus, a VA medical opinion is needed on remand.
The matter is REMANDED for the following action:
1. Obtain a VA medical opinion from an appropriate clinician regarding the Veteran's reported residuals of in-service infection: weakness throughout his body, fatigue, difficulty standing, back pain, and shortness of breath with cramping.
The clinician must review the claims file and opine as to whether any alleged residual of infection at least as likely as not caused or aggravated by service, OR whether any alleged residual is caused or aggravated by ARD diagnosed during a period of ACDUTRA from January 1977 to April 1977.
A full and complete rationale to support any opinion expressed is required.
2. Then, readjudicate the claim. If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board, if otherwise in order.
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board W. Ripplinger, 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.