Vertigo & vestibular disorders decisions — 2004

The Board denied the veteran's claim for service connection for Meniere's disease with hearing loss and tinnitus, finding no evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been received to reopen claims for service connection for hemorrhoids, low back disorder (previously characterized as developmental anomaly of the lumbar spine), hypertension, edema of the feet, ankles, hands, abdomen, and face, diabetes mellitus, abnormal laboratory findings, fibromyalgia, lupus, multiple sclerosis, liver disability (to include cirrhosis), respiratory (lung) disability, osteoarthritis of the major and minor joints, eye disability, tremors of the upper extremities, carpal tunnel syndrome, Meniere's syndrome, headaches with dizziness, nausea, and lightheadedness, chronic Candida, low back pain with pain radiating into the hips (previously characterized as developmental anomaly of the lumbar spine), an acquired hamstring disorder, an acquired bilateral hip disorder, a bilateral knee disorder, and a bilateral elbow disorder. However, service connection is not established for any of these conditions.

The Board found that hearing loss was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The claims for headaches and lung disability were reopened, but the veteran's current hearing loss is attributed to post-service noise exposure.

The veteran's claim for service connection for degenerative joint disease of both hips as secondary to his service-connected right knee disability was granted. His claim for benign central vertigo (claimed as dizziness, loss of balance and blacking out) was also granted. The dental disorder claim was denied.

The Board has determined that the veteran's dizziness, which is rated as 30 percent disabling under Diagnostic Code 6204, does not warrant a higher rating based on the evidence of record.

The veteran's Meniere's disease has not resulted in frequent enough attacks to warrant a higher rating, and the Board found no evidence of more than one weekly attack.

The Board found no competent evidence linking the veteran's current headaches and vertigo to his military service, including a head injury sustained while in service. As such, the claims for service connection were denied.

The Board has denied the veteran's claim for service connection for benign positional vertigo, as it is secondary to his service-connected bilateral hearing loss. The appeal will be remanded to allow further development.

The case is being remanded to the RO for scheduling a Travel Board hearing and then returning it to the Board.

The veteran's appeal is being remanded for further development due to a request for a personal hearing.

The Board has determined that further development is needed before a decision can be made on the merits of the veteran's claim for service connection for Meniere's syndrome.

The Board denied the veteran's claims for service connection for headaches, vertigo, and a heart disorder. The evidence did not support a finding that these conditions were related to his military service.

The veteran's death was not service-connected, but he had been rated totally disabled for over a decade prior to his death. The Board found that the effective date of his total disability rating should have been December 13, 1983, and thus granted DIC benefits.

The veteran is seeking service connection for left ear hearing loss and tinnitus with vertigo, which he claims are related to noise exposure in service. The case has been remanded due to the need for additional development.

The Board denied the veteran's claim for service connection for Meniere's disease, finding that there was no current diagnosis of the condition and attributing his hearing loss and tinnitus to noise exposure rather than Meniere's disease.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical evaluations and records.

The veteran is disputing the effective date of June 12, 2001 for a 60 percent disability rating for Meniere's syndrome. The RO should clarify the date of receipt by the RO of the December 6, 1996 letter from the veteran and determine if it is a duplicate copy.

The veteran's service-connected vertigo and tinnitus are rated at 30 percent under the criteria for Meniere's syndrome, which is granted.

The Board found that chronic vertigo/labyrinthitis was not incurred in or aggravated by active military service and is not proximately due to a service-connected disease or injury. The veteran's current hearing loss does not warrant an evaluation in excess of 40 percent.

The Board has denied the veteran's claims for service connection for various conditions, including amblyopia and anopsia of the right eye, fungal infection (onychomycosis) of the hands and feet, stomach disorder, farsightedness, astigmatism, and presbyopia of the left eye, tinnitus, vertigo, fibromyalgia, and peripheral neuropathy. The claims were denied as not well grounded or without evidence linking these conditions to service.