Vertigo & vestibular disorders decisions — 2009

The Board has granted service connection for dizzy spells/vertigo, and the TDIU claim is inextricably intertwined with this decision. The case is remanded to allow further development of the TDIU claim.

The Veteran's BPPV is currently rated at 10 percent, but the Board finds that a higher initial rating of 30 percent is warranted.,For his prostate cancer postoperative residuals, he was initially granted a 20 percent rating and now seeks an increased rating to 30 percent.

The Veteran's claims for service connection for scarring of the left ear, including the left ear drum and vertigo have been denied as there is no current evidence of these conditions.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Board denied service connection for Meniere's syndrome with labyrinthitis, finding that the evidence did not demonstrate a current disability related to service. The Board also found no evidence of a left hip disability related to service.

The Board denied the Veteran's claims for service connection for tinnitus and vertigo, but did not address his claim for Meniere's disease. The decision also noted that the Veteran's left knee disability is rated at 10 percent.

The Veteran is seeking service connection for inner ear disorder, vertigo and dizziness that he claims are secondary to his service-connected tinnitus. The case has been remanded for further examination and opinion regarding the relationship between these conditions.

The Board has determined that the Veteran's lower back disorder and vertigo/equilibrium disorder are not related to service, and therefore denied his claims for service connection. The claim for a compensable initial rating for bilateral hearing loss is also denied.

The Board denied the Veteran's claims for service connection for Meniere's disease and peptic ulcer disease, finding no evidence of a nexus between these conditions and his military service.

The Veteran's cervical spondylosis with osteophytes and radiculopathy was found to have its onset in service, granted a rating of 10 percent for sinusitis with headaches and nosebleeds, and denied an increased rating for his psychiatric disorder.

The Board has determined that the Veteran's vertigo/dizziness is related to his service-connected hearing loss and tinnitus, warranting service connection on a secondary basis.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his other nonservice-connected conditions and work experience make it possible for him to find another means of employment.

The Board denied service connection for various conditions, including benign tumors of the colon, migraines, hearing loss, tinnitus, peripheral neuropathy, psychiatric disorders, and vascular diseases. The appeal was reopened on new evidence.

The Board has determined that the Veteran's current vertigo disability is related to his in-service injuries, and thus service connection for benign positional vertigo is granted.

The Board has determined that none of the Veteran's claimed disabilities are related to his service, including exposure to ionizing radiation. As a result, service connection is denied for all issues.

The Board has determined that further action is required to obtain the Veteran's service treatment records from his first period of active duty. Additionally, VA examinations are needed for fatigue, vertigo, bilateral foot/ankle condition, bilateral hand/wrist/forearm condition, and seborrheic dermatitis due to their complexity and the need for medical opinions.

The Veteran's claim for service connection of Meniere's disease has been denied. The issue of entitlement to an initial evaluation in excess of 10 percent for residual imbalance status-post right ear tympanotomy with labyrinthotomy and dexamethosone perfusion, and transcanal underlay tympanoplasty remains pending as the Veteran was granted a 10% evaluation effective the day following separation from service. The claims for service connection of left ear hearing loss and tinnitus are still pending.

The Board found that the appellant's current hearing loss, tinnitus, and vertigo are not causally related to his active service or any incident therein, including exposure to acoustic trauma. Therefore, service connection for these conditions was denied.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, Meniere's disease (dizziness), a spinal cord condition of the neck and back, and an acquired psychiatric disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board has remanded the case for additional development, including obtaining private treatment records from Dr. Hart and providing VCAA notice as to reopening a previously denied claim of service connection.