Vertigo & vestibular disorders decisions — 2004

The Board has determined that the veteran does not have Meniere's disease related to his military service and therefore denied the claim for service connection.

The Board found that the veteran's disabilities do not meet the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person or at the housebound rate.

The Board has granted a higher initial rating of 60 percent for Meniere's syndrome and a zero percent rating for the right little finger disorder. The veteran's claim for service connection for a left foot, ankle disorder is remanded to the RO.

The veteran's claim for an increased rating for Meniere's syndrome, hearing loss, vertigo, and tinnitus is being remanded. The RO must also consider his claim for a higher initial rating for depression.

The Board has determined that the veteran's claims for service connection for residuals of a right shoulder injury, post-traumatic stress disorder (PTSD), and hearing loss with vertigo have been denied as there is no credible evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for PTSD, migraine headaches, and vertigo due to lack of verified in-service stressors. The claim for service connection for PTSD was not granted as there is no evidence that the claimed stressors occurred during service.

The Board has ordered further development due to pending issues and new evidence. The case is now remanded for the RO to issue a Statement of the Case on the issue of an original rating greater than 10 percent for tinnitus.

The Board found that the preponderance of evidence does not support a grant of service connection for disequilibrium, as it is attributed to aging and deconditioning rather than in-service noise exposure.

The case is being returned to the RO for additional development due to new evidence and a remand order.

The Board has remanded the case due to a need for further examination and review of evidence.

The veteran's claims for increased ratings for bilateral hearing loss and acoustic vestibular nerve dysfunction were denied. The RO assigned the maximum schedular rating for bilateral hearing loss, but did not grant a higher rating.

The Board has determined that further development is required to determine the nature and etiology of the veteran's Meniere's disease and left ear and facial jaw infections, including dizziness, nausea, and fullness of the left ear. The case is being remanded for a VA examination.

The veteran's spouse needs regular aid and attendance due to Meniere's disease, but the VA has not evaluated her for this purpose. The case is being remanded to ensure she receives a proper evaluation.

The veteran's Raynaud's syndrome and benign positional vertigo were both found to be incurred in service, meeting the criteria for direct service connection.

The Board denied the appellant's claims of service connection for diabetes mellitus Type II and vertigo, as well as his attempts to reopen claims for cataracts, burns on the left side of the face, anxiety with insomnia, hypertension with cardiac distress, and a kidney disorder. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board found that the veteran's entitlement to nonservice-connected disability pension arose on January 20, 2000; therefore, an earlier effective date is not warranted.

The Board granted service connection for Meniere's disease and hearing impairment, effective as of March 26, 2003. The claim was reopened based on new evidence submitted after the original denial in 1949.

The Board found that the RO's initial grant of service connection for nicotine addiction and chronic bronchitis was clearly erroneous, and thus severed this service connection. The veteran does not have hypertension or heart disease related to military service or service-connected disability. He also does not have an acquired psychiatric disability, hearing loss, tinnitus, headaches, or dizziness that are related to military service.

The Board has reopened the appellant's claim of service connection for asthma and found new and material evidence. The issue of increased rating for rhinitis is addressed, but no specific rating assigned as it remains at 10 percent.

The veteran's claims for service connection were denied as his conditions are not shown to be related to his military service.