Vertigo & vestibular disorders decisions — 2005

The Board denied service connection for vertigo and a compensable evaluation for hearing loss. The claim for a higher evaluation of tinnitus is addressed in the REMAND portion of the decision.

The VA denied the veteran's claim for service connection for vertigo, finding no evidence of a current condition during or within one year after active duty and insufficient medical evidence to link his current condition to service-connected bilateral hearing loss.

The veteran's service-connected brain trauma with residual vestibular cerebellar dysfunction and bilateral defective hearing require the daily personal health care services of a skilled provider, without which he would need institutional care. The Board finds that the criteria for SMC based on A&A are met.

The Board has determined that the veteran's claimed conditions of vertigo, migraines, and tinnitus are not related to his service or any incident therein. As a result, the claim for service connection is denied.

The veteran's claims for increased ratings for headaches and dizziness due to head trauma have been denied as there is no evidence of prostrating attacks or other symptoms warranting a higher rating.

The veteran's claim for an earlier effective date for service connection of Meniere's disease was denied as the correct effective date is August 30, 2000.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating any of the veteran's claims for service connection or compensation under 38 U.S.C.A. § 1151.

The veteran's claims for service connection for migraine headaches with vertigo and loss of balance, and for an initial rating higher than 10 percent for his arachnoiditis are being remanded to the RO for further development. The veteran also submitted a timely notice of disagreement on his claim for a higher rating for PTSD.

The Board has determined that the claimed upper and mid-back injuries with chronic daily pain, vertigo (dizzy spells), excessive tingling in extremities and head, intermittent diplopia (blurred vision), and intermittent head numbness are not proximately due to or the result of service-connected head trauma.

The Board has remanded the veteran's claims for service connection for tinnitus and positional vertigo due to insufficient evidence regarding their relationship to his service-connected mastoiditis or military service.

The Board finds that the veteran's need for regular aid and attendance is established, meeting the criteria set forth in 38 C.F.R. § 3.352(a).

The Board found that the veteran does not have residuals of a perforated eardrum, Meniere's disease is not related to service, and hearing loss disability was not incurred in or aggravated by service. Therefore, these claims were denied.

The Board has granted service connection for chronic vertigo and chronic bilateral lower extremity cold injury residuals including peripheral neuropathy. The veteran's claim of service connection for hepatitis C is remanded to the RO.

The Board has denied the veteran's claim for service connection for vertigo, finding that it is not associated with his active military duty or his service-connected hearing loss.

The veteran's claims for earlier effective dates for the grants of service connection and TDIU were denied. The Board found that no evidence was submitted prior to the assigned effective dates.

The veteran withdrew his appeal for the issue of entitlement to service connection for peptic ulcer disease at a hearing before the Board.

The veteran's service-connected vertigo, right foot fractures, and left hallux avulsed with onychocryptosis have been granted initial compensable disability ratings. The rating for the cervical spine has also been increased.

The Board denied the veteran's claims for service connection for diabetes mellitus and Meniere's disease, finding no evidence of these conditions during or within one year after his military service. The claim for diabetes mellitus was denied as there is no positive association between exposure to herbicides and any other condition warranting a presumption of service connection.

The Board has granted the veteran's application to reopen his previously denied claims for service connection for brain syndrome and respiratory disorder. The claims of service connection for hiatal hernia, lumbar discogenic syndrome, and duodenal ulcer remain unresolved.

The Board has remanded the case for additional development, including obtaining service records and treatment records from Sutter Hospital. The veteran's claims will be reconsidered based on the new evidence.