Vertigo & vestibular disorders decisions — 2007

The Board found that the veteran's current hearing loss and vertigo are not related to his military service, as there was no evidence of a hearing or balance disorder during service. The low back disability is also not linked to service, while the bilateral foot disability remains unresolved due to lack of medical records.

The veteran's chronic vestibular dizziness is rated at a maximum schedular rating of 30 percent effective February 11, 2002.

The Board has determined that the veteran's benign positional vertigo is service-connected, but Meniere's disease is not. The veteran's vertigo and imbalance are related to a training accident in 1958, while his hearing loss and tinnitus were also service-connected due to acoustic trauma.

The Board has granted service connection for bilateral hearing loss and denied service connection for vertigo, but the effective date remains to be determined. The TDIU claim is deferred pending resolution of the vertigo issue.

The veteran's claims for service connection for benign positional vertigo and an inner ear injury were denied as there was no evidence of a current disability or medical nexus to service.

The veteran's vertigo is currently rated at 30 percent, the maximum rating available under Diagnostic Code 6204. The Board finds that his condition does not warrant a higher rating as there is no evidence of Meniere's syndrome or other conditions that would allow for an increased rating.

The veteran's claim for an increased rating for his service-connected vertigo is being remanded due to the need for additional evidence and a VA examination.

The veteran's claim for a separate evaluation for tinnitus in the right ear is being remanded due to incomplete adjudication and need for proper VCAA notice.

The Board denied the veteran's claims for service connection for chronic peripheral vestibulopathy, presbyopia, and a psychiatric disorder (PTSD). The veteran's complaints of vertigo with headache, facial numbness, body aches, and tingling in hands and feet were attributed to a diagnosed condition of chronic peripheral vestibulopathy. His complaints of blurred vision were attributed to a diagnosed condition of presbyopia.

The veteran's vestibular dysfunction is manifested by dizziness and some staggering, warranting a maximum schedular rating of 30 percent throughout the initial evaluation period.

The Board denied the veteran's claims for an initial compensable disability rating for left plantar warts and service connection for Meniere's disease, including as secondary to his service-connected right ear hearing loss and/or tinnitus.

The veteran's Meniere's disease, headaches (presumed due to hypertension), left ventricular disorder, and urinary frequency were all found to be related to his service-connected hypertension.

The Board has determined that the veteran's Meniere's syndrome warrants a combined evaluation of 60 percent, which is granted.

The Board has determined that Meniere's disease is not related to service or a service-connected disability, and thus the claim for service connection is denied.

The Board denied the veteran's claims for service connection for right ear hearing loss and vertigo, finding that new evidence did not raise a reasonable possibility of substantiating the claim, and that the current conditions were not incurred in or aggravated by active military service.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss disability and tinnitus, as well as his claim for service connection for tinnitus. The evidence received since the March 2000 decision includes credible testimony from the veteran regarding exposure to acoustic trauma in service, which is sufficient to establish a reasonable possibility of substantiating these claims. However, the Board has determined that there is no new and material evidence to reopen his claim for service connection for Meniere's disease or otitis media. The residuals of right hand fracture claim remains pending as it was not addressed in the March 2000 decision.

The Board has denied service connection for the cause of the veteran's death and eligibility for dependents' educational assistance under Chapter 35, as there is no evidence linking any service-connected disability to a vital organ or contributing substantially to the veteran's death.

The Board has dismissed the appeal for entitlement to an initial evaluation higher than 10 percent for tinnitus due to withdrawal by the appellant. The issues of bilateral hearing loss and Meniere's syndrome with vertigo are remanded.

The Board denied the appellant's application for nonservice-connected VA burial benefits because it was not received within two years of the veteran's death, and thus is untimely.

The Board denied the veteran's claims for separate 10 percent disability ratings for bilateral tinnitus and service connection for Meniere's syndrome, including as secondary to service-connected hearing loss and tinnitus. The veteran is not entitled to additional compensation for his tinnitus or service connection for Meniere's syndrome.