Vertigo & vestibular disorders decisions — 2006

The Board found no clear and unmistakable error in the April 26, 1996 rating decision that assigned a 10 percent rating for both ears for tinnitus with benign positional vertigo. The claim is denied.

The Board has remanded the case for additional development, including a VA examination and proper VCAA notice.

The Board has denied the veteran's claims for service connection for vertigo and degenerative discopathy, lumbar radiculopathy, and arthritic spurring of the lumbar spine. The issues are remanded to obtain additional medical records and to schedule the veteran for VA examinations.

The Board has granted service connection for vertigo as secondary to the veteran's service-connected otitis media. The claims for left ear tympanic sclerosis, mastoiditis, and Eustachian tube disability were denied due to a lack of current diagnoses.

The veteran's claim for special monthly pension on account of being housebound or in need of aid and attendance of another person is denied as he does not meet the criteria for either status based on his multiple disabilities.

The veteran's death was not the result of his own willful misconduct, and he had a combined schedular disability evaluation of 80% due to service-connected disabilities. However, he did not have a total disability rating for 10 years prior to his death, nor was he entitled to a total disability based on individual unemployability for 10 years prior to his death.

The Board has determined that the veteran does not currently have a chronic disability manifested by benign positional vertigo, and thus service connection is denied.

The Board denied the veteran's claims for service connection for Meniere's disease, including as due to Vincent's angina with tonsillitis and due to mustard gas exposure. The evidence submitted since the last denial did not raise a reasonable possibility of substantiating these claims.

The Board has found that the veteran's benign positional vertigo was incurred in service. The claims for migraine headaches and pelvic adhesions with pain are being remanded due to inadequate examination reports.

The Board has determined that the veteran's claimed conditions are not related to his military service and therefore denied all three issues of entitlement to service connection.

The Board has determined that there is no current diagnosis of dizziness, vertigo, labyrinthitis, or hair loss and thus cannot grant service connection for these conditions.

The Board has granted a 30 percent rating for the veteran's service-connected vertigo, which is the maximum schedular rating allowed under the applicable rating criteria.

The veteran's claims for increased ratings for bilateral hearing loss, tinnitus with a history of vestibulitis and vertigo, and suppurative otitis media are denied as his current disability does not meet the criteria for higher evaluations.

The Board has determined that the veteran's claimed disabilities, including bilateral ankle and foot disabilities, benign positional vertigo, lung disability, and PTSD, were not incurred or aggravated by active service. The preponderance of evidence is against these claims.

The Board has determined that there is no persuasive medical evidence linking the veteran's bilateral hearing loss, tinnitus, or vertigo to his military service. Therefore, the claims for service connection are denied.

The case is being remanded to the RO for consideration of new evidence received by the veteran and forwarded from the Board. The issues on appeal will be reconsidered, including the right hand or wrist disability claim which may now include a reopening issue due to the submission of new evidence.

The Board has determined that the veteran does not have a service-connected hearing loss, tinnitus, headache disorder (claimed as secondary to tinnitus), vertigo, or sinusitis.

The Board finds that it is as likely as not that the veteran has Meniere's syndrome, which is related to his service-connected sinusitis. Therefore, the claim for service connection for Meniere's syndrome secondary to sinusitis is granted.

The Board denied service connection for left ear hearing loss and Meniere's disease, finding that the evidence did not establish a nexus between current disabilities and service.

The Board has determined that the veteran does not have a chronic disease process manifested by motion intolerance, claimed as vertigo, motion sickness, and a middle ear disability as a result of his period of service.