Vertigo & vestibular disorders decisions — 2000

The veteran's claim for an earlier effective date for a TDIU rating is being remanded due to incomplete medical records. The RO must obtain all relevant treatment records and consider the applicability of the criteria pursuant to 38 C.F.R. § 3.321(b)(1).

The Board denied the veteran's claims of service connection for a nervous disorder, residuals of an eye injury, residuals of a nose injury, and dizziness (vertigo) as his claims were not well-grounded due to lack of competent medical evidence linking these conditions to his period of active service.

The veteran's appeal is being remanded due to the need for a statement of the case on service connection issues and scheduling a Travel Board hearing.

The Board denied the appellant's claim for recognition as the helpless child of her father, finding that she did not submit competent medical evidence to show she was permanently incapable of self-support before reaching age 18.

The Board has determined that the veteran's bilateral hearing loss disability, tinnitus, and Meniere's disease are not service-connected. The RO denied these claims in December 1992 due to lack of evidence connecting them to service.

The Board denied the veteran's claims for service connection for hypertension and vertigo, finding that there was no well-grounded evidence to support these claims.

The veteran's unauthorized private hospitalization in March 1995 was denied as it did not involve a service-connected disability or an aggravating nonservice-connected condition.

The Board found that the veteran does not have a chronic headache disability, memory loss, vertigo, or sleep disturbance due to an undiagnosed illness. The claims for these conditions are therefore denied.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of current vertigo or tinnitus disabilities. The cervical sprain was rated as 10 percent disabling.

The Board has granted a 30 percent rating for Meniere's disease, effective from the date of the decision. The veteran's low back strain is rated at 20 percent.

The Board granted service connection for benign positional vertigo with history of a head injury, assigning a 10 percent evaluation effective from January 28, 1994. The veteran is now eligible to receive attorney fees based on past-due benefits awarded due to this decision.

The Board found that the veteran's claims for service connection for residuals of a head injury, including headaches, dizziness, and vertigo, as well as for tinnitus, are not well-grounded because there is no competent medical evidence linking these conditions to his period of active service.,For the issue of service connection for iritis and uveitis, the Board found that the veteran's claim was plausible but did not address whether it was well-grounded.

The veteran's claims for service connection for vertigo and polio residuals are not well-grounded. The veteran currently has a maximum rating of 50% for her vascular tension headaches, which is the highest available under VA regulations.

The Board found no medical evidence linking the appellant's current hearing loss, tinnitus, Meniere's disease, or right knee disability to his military service. The claim for a back disability was reopened due to new and material evidence but the claim remains denied as there is insufficient evidence of in-service injury.

The Board denied the veteran's claims for service connection for impotence and a disability manifested by inner ear trauma, other than Meniere's Disease. The claim for bilateral hearing loss was also denied as not well-grounded.

The Board found that the veteran's Meniere's disease, including vertigo and tinnitus, is not related to service-connected disability. The tinnitus was determined to be related to his service-connected bilateral hearing loss.

The veteran's disability manifested by vertigo and impaired balance is rated at 30 percent, effective from the date of his July 1998 grant of service connection. The right ear hearing loss remains noncompensably disabling.

The Board granted an effective date of August 20, 1990 for a 100 percent disability evaluation for Meniere's disease. The claim for SMC based on need for aid and attendance was also granted. However, the issue regarding an earlier effective date for SMC under 38 U.S.C.A. § 1114(s) remains unresolved.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is remanded for additional development, including obtaining VA examination reports and correspondence from employers.

The Board denied service connection for Meniere's disease, finding that the veteran did not have a current disability and there was no evidence of its onset during service.