Vertigo & vestibular disorders decisions — 2007

The Board has remanded the case for a new medical opinion and to consider all evidence of record, including VA medical records from 1951. The veteran's claims for service connection for Meniere's disease, bilateral hearing loss, and tinnitus are being reconsidered.

The Board has determined that there is no evidence of a cardiovascular disability or Meniere's disease during military service, and the preponderance of the evidence does not support a finding that these conditions are related to military service. Therefore, service connection for both conditions is denied.

The Board found that the veteran's vertigo was not incurred in or aggravated by active military service and denied his claim.

The veteran's claims for initial compensable evaluation for peripheral vestibular weakness prior to December 1, 2006 and increased evaluations for bilateral hearing loss and tinnitus due to Meniere's disease were denied. The veteran was granted service connection for Meniere's disease but the RO proposed reducing the evaluation for peripheral vestibular weakness from 30 percent to 10 percent.

The veteran's appeal is being remanded due to the need for additional development and consideration of whether extra-schedular considerations should be applied. The issues include increased evaluations for scars, headaches, and TDIU.

The Board has remanded the case for further development due to incomplete examination and missing medical records.

The Board has denied all service connection claims as there is no medical evidence of current diagnoses for the claimed conditions.

The Board found that the veteran's Meniere's disease is not related to his service or any service-connected conditions, and thus denied the claim.

The Board has granted service connection for a left knee disorder.,The veteran's claim of service connection for bilateral foot pain was denied in June 2002, but the evidence received since that decision is new and material, reopening his claim. The Board finds no evidence linking the current bilateral foot disorder to service.,Service connection has been granted for a chronic psychiatric disorder (schizophrenia).,The veteran's claims of service connection for headaches with vertigo, fainting, and blurred vision were not addressed in this decision.

The Board found that the veteran's Meniere's syndrome did not manifest during service or within close proximity thereto, and there is no direct evidence linking it to service. The VA examiner's opinion was considered more probative than a private physician's opinion.

The Board has determined that the veteran does not have current diagnoses of appendicitis, acute pyelonephritis, benign positional vertigo, benign prostatic hypertrophy, or status post transurethral resection of the prostate. The conditions are denied as service connection is not granted for these disabilities.

The Board has denied the veteran's claim of service connection for Meniere's disease, finding that there is no evidence to support a current diagnosis or a link between the condition and his military service.

The veteran's service-connected labyrinthitis with vertigo is rated at 10 percent, and his claim for service connection for chest pains and shortness of breath as due to undiagnosed illness remains denied.

The veteran's claims for increased evaluation of tinnitus, service connection for mental disorder, vertigo, and allergic rhinitis were all denied. The RO found that the maximum schedular rating for bilateral tinnitus had been assigned, and there was no evidence linking any current disabilities to service or service-connected conditions.

The Board has reopened the previously denied service connection claims for cervical spine disability, sinusitis, irritable bowel syndrome, lumbar spine disability with lower extremity paresthesia, dizziness and vertigo, fatigue, fever, cardiovascular disorder (heart racing), cold sores, and night sweats. The claims are granted as presumptively related to Gulf War service exposure.

The Board has determined that the veteran's PTSD is not service-connected due to lack of evidence linking it to his in-service grenade accident. The claim for an increased evaluation for bilateral hearing loss remains denied.

The Board denied the veteran's claims for service connection for vertigo and an earlier effective date for tinnitus service connection, finding that there was no evidence of a current disability or a relationship to service. The claim for tinnitus was granted with an effective date of April 23, 2002.

The Board has reopened the veteran's claims for service connection for migraine headaches and vertigo based on new evidence. However, further development is needed to determine if these conditions are related to military service.

The Board denied the veteran's claims for increased ratings and failed to reopen his service connection claims. The veteran was not provided with proper VCAA notice.

The Board has remanded the case for additional development due to errors in duty to assist and duty to obtain evidence.