Vertigo & vestibular disorders decisions — 2003

The veteran's claims for service connection for vertigo secondary to hearing loss and post-traumatic stress disorder are being remanded due to additional development required by the Veterans Benefits Improvements Act of 1994.

The veteran's headaches with vertigo are manifested by attacks that occur on an almost daily basis, many of which are prostrating and productive of severe economic inadaptability. The Board has determined that the criteria for a 50 percent disability rating for headaches have been met.

The Board has dismissed the veteran's appeal due to his withdrawal of his claim for service connection for bilateral onychocryptosis. The skin disorder and issues of headaches and vertigo are not addressed in this decision.

The Board has denied the veteran's claim for service connection for vertigo, finding that his pre-existing condition did not worsen during service and there is no evidence of vertigo prior to 2000.

The veteran's claims for service connection and evaluation of post-traumatic stress disorder were denied by the RO. The veteran is not entitled to any compensation or evaluations based on his claimed conditions.

The Board granted service connection for vertigo that is not benign positional vertigo and associated with abdominal discomfort, as well as increased ratings for degenerative joint disease of the lumbodorsal spine and PTSD. The veteran's anxiety disorder was reclassified as PTSD, panic disorder with agoraphobia, and social phobia.

The Board determined that there is no evidence to support a link between the veteran's service-connected disabilities (deafness, Meniere's syndrome, and depression) and his cause of death from metastatic carcinoma. The claim for service connection for the cause of the veteran's death is denied.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded for the specified actions.

The Board has ordered further development due to pending issues regarding service connection for various conditions. The case is now remanded for additional examinations and consideration.

The Board denied the veteran's claims for increased ratings for bilateral defective hearing and tinnitus, as well as his claim for service connection for vertigo. The veteran is not entitled to higher disability ratings under the applicable criteria.

The veteran's claim for an increased evaluation for his service-connected vertigo is granted, with a rating of 30 percent.

The Board has granted a 30 percent evaluation for bilateral hearing loss, denied an increased rating for vertigo, and continued the noncompensable disability rating for otitis media and maxillary (left).

The veteran had an appeal regarding the evaluation for PTSD and seeking an earlier effective date for Meniere's Disease. However, due to the death of the veteran, the Board has no jurisdiction to adjudicate these claims.

The Board has granted an effective date of September 19, 1996 for the grant of service connection for Meniere's Disease.

The Board denied service connection for Meniere's syndrome and did not grant any new disability rating or effective date claims.

The Board has determined that the veteran's dysthymic disorder warrants a 50 percent disability evaluation, but not higher. The effective date for service connection remains unchanged.

The Board denied a higher initial rating for vertigo, finding that the condition was moderate in degree with occasional dizziness but not severe enough to warrant a higher rating. The case is now at its highest effective date of November 4, 2002.

The Board has granted service connection for Meniere's disease, finding that it is proximately due to or the result of a service-connected disability (otitis externa, hearing loss, and tinnitus).

The Board has granted a 30 percent evaluation for the veteran's right ear vestibular disease and residuals of a stapedectomy, which is the maximum schedular rating available under Diagnostic Code 6204. The veteran does not meet criteria for higher ratings based on Meniere's syndrome or other conditions.

The Board is requesting additional medical records and examinations to determine the exact nature and etiology of the veteran's current vestibular dysfunction, including Meniere's Disease. The case will be remanded for further development.