Vertigo & vestibular disorders decisions — 2009

The Veteran's TDIU claim is granted as his service-connected disabilities, singly or in combination, preclude him from obtaining and maintaining substantially gainful employment.

The Board found that the Veteran's current vertigo disability was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The VA examiner concluded that the recent development of vertigo was not caused by or a result of service-connected hearing loss with tinnitus, nor caused by any other matter pertaining to military service which was back in the 1940s.

The Board denied service connection for hearing loss of the left ear and granted a non-compensable rating for right ear hearing loss. Service connection was also denied for Meniere's syndrome.

The Board denied the Veteran's claims for an initial compensable rating for hemorrhoids and service connection for glaucoma, directional vertigo (secondary to left perforated eardrum), left perforated eardrum, deviated septum, and TDIU due to service-connected disabilities. The appeal is not about service connection at all.

The Veteran's Meniere's syndrome was rated as non-compensable from March 29, 1972, to May 13, 1997. The effective date for TDIU benefits is July 10, 2001.

The Veteran's recurrent tinnitus is found to be related to his active service, while he does not have a current hearing loss disability for VA purposes. The Veteran's Meniere's disease of the right ear is also granted as service connected.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, vertigo, an acquired psychiatric disorder (including PTSD), irritable bowel syndrome (IBS), and a sleep disorder were denied. The Board found that the evidence did not support a finding of in-service onset or aggravation of these conditions.

The Veteran does not have vertigo that is related to his military service and the claim for service connection for vertigo has been denied.

The Board finds that the preponderance of evidence is against service connection for sinusitis with vertigo and headaches, as there is no competent medical evidence linking these conditions to active duty. The Veteran's hypertension is not presumed due to exposure to herbicides or other environmental factors.

The Board has remanded the case due to a need for clarification of Dr. S.M.S.'s May 2008 opinion regarding whether the Veteran's unsteady gait in August 1997 is reflective of Meniere's syndrome.

The Board has remanded the case for further development, including obtaining VA medical records and providing a new opinion regarding the etiology of the Veteran's Meniere's syndrome.

The Board has granted the Veteran's claims for service connection for migraine headaches and vertigo based on new and material evidence.

The Board found that the Veteran's vertigo was not incurred in or aggravated by active military service and is not etiologically related to his service-connected conversion hysteria with petit mal seizures.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for development consistent with a Joint Motion for Remand (JMR).

The Board has reopened the claim of service connection for chronic vertigo due to new evidence, but it is not established that the current condition is related to service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining records from 'L&I' and Western State Mental Hospital.

The Board has granted service connection for bilateral hearing loss and found that the evidence is in equipoise as to whether the Veteran's current bilateral hearing loss disability originated during his military service. The claim of reopening for Meniere's disease due to mustard gas exposure was not addressed, as it is a separate issue.

The Board found that the Veteran's current dizziness and balance problems are not related to his military service or any other aspect of his service-connected disabilities, including hearing loss and tinnitus. The evidence does not support a finding of service connection for vertigo.

The Veteran's service-connected vertigo secondary to otitis media status post right mastoidectomy is rated at 30 percent, the maximum available under VA rating criteria.

The Veteran's appeal is being remanded to the RO for further evidentiary development, including a VA examination and readjudication of his service connection claims.