Vertigo & vestibular disorders decisions — 2008

The Board has denied the veteran's claims for service connection for Meniere's disease and for a higher evaluation for vertigo. The appeal to sever service connection for vertigo is also denied due to clear and unmistakable error in the previous rating decision.

The Board has determined that the veteran's claimed conditions, including lumbar spine disorder, bilateral knee disability, bilateral hearing loss, tinnitus, vertigo, and chronic sinusitis, were not incurred or aggravated by active service. The Board found no clear and unmistakable evidence of pre-existing conditions during service and concluded that there is insufficient medical evidence to establish a link between the current disabilities and military service.

The Board found that the veteran does not have a disability manifested by vertigo that is related to his military service.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA examination to determine if the veteran's current disabilities are related to his in-service accident.

The Board has reopened the veteran's claim for service connection for bilateral pes planus and granted it. The claim for service connection for Meniere's disease, to include as secondary to a service-connected disability, was also granted. Service connection for arthritis of the feet was denied.

The Board has denied the veteran's claims for service connection for Meniere's disease, finding that there is no evidence of its onset during service or a causal relationship to his service-connected hearing loss and tinnitus.

The Board found no evidence of hearing loss, tinnitus, or balance problems during service. The veteran's current conditions are not related to his military service.

The veteran's claims for increased ratings and earlier effective dates were denied. The tinnitus claim was denied as there is no legal basis for a schedular evaluation in excess of 10 percent. The Meniere's disease and hearing loss claims are pending.

The Board has remanded the case for further development due to issues related to a rating for an abdominal scar, reopening of a claim for service connection for bronchitis, and TDIU.

The Board denied the veteran's claims for service connection and increased evaluation for various conditions, including bilateral carpal tunnel syndrome, right ear hearing loss, left ear hearing loss, a right ankle disability, positional vertigo, gastritis, a left ankle disability, a right shoulder condition, and chronic lumbosacral strain and myositis with degenerative joint disease.

The Board found that the veteran's Meniere's disease and colon polyps are not service-connected, as there is no evidence of their onset during active duty or a direct link to service. The veteran's current conditions are determined to be secondary to his service-connected tinnitus and hemorrhoids respectively.

The Board has determined that the veteran does not have a current disability of vertigo and therefore denied service connection for this condition. The claim for tinnitus is remanded as there are conflicting medical opinions regarding its etiology.

The Board denied the veteran's claims for a compensable rating for bilateral hearing loss and service connection for Meniere's syndrome with vertigo, finding that there was no evidence of current disabilities or a nexus to service.

The Board has remanded the case due to incomplete notice and the need for a statement of the case on the issue of service connection for Meniere's Syndrome.

The veteran is seeking service connection for Meniere's syndrome, which he claims is related to his service-connected hearing loss and tinnitus. The Board has determined that additional examination and opinion are needed to resolve the inconsistency in medical opinions regarding whether Meniere's syndrome is related to service.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine, bilateral knee, vertigo, hearing loss, and eye scarring conditions. The evidence did not support a higher rating under the applicable diagnostic codes.

The Board has granted an effective date of December 4, 2004 for a 100% disability rating for service-connected left inner ear dysfunction with tinnitus and vertigo as residuals of a head injury.

The veteran's skin disability, pharyngitis, vertigo, heart disability (aortic valve replacement), and tinnitus were not incurred in or aggravated by service.,There is no evidence of a current skin disability related to mustard gas exposure, germ warfare, or cold injury.

The Board has determined that the veteran's headaches and vertigo are not related to his military service, and thus cannot be granted service connection.

The veteran's vertigo is currently rated at 30 percent, which is the maximum available under VA guidelines. His chronic lumbar strain with degenerative changes and thoracic pain is rated at 20 percent since October 17, 2006.,Service connection for a disability of the right shoulder has been denied.