Vertigo & vestibular disorders decisions — 2010

The Board denied the Veteran's claims for an increased rating for left ear hearing loss and service connection for vertigo, finding that there was no evidence of chronicity in service or continuity of symptoms after discharge. The Board also found that the Veteran's vertigo was not related to his service-connected left ear hearing loss.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, but there is insufficient evidence to establish a connection between his vertigo/dizziness and service.

The Board has vacated its previous decision and remanded the case for further development, including obtaining VA examinations to address current diagnoses of leptomeningitis and vertigo, as well as assessing the severity of the service-connected sinusitis.

The Veteran's toxic encephalopathy, bilateral peripheral vestibular loss, toxicant-induced loss of tolerance, sensorimotor and peripheral neuropathy, right frontal hypoperfusion, cognitive disability, dyssomnia, toxin-induced sleep disorder, and immune system injury were all incurred during her active duty service.

The Board has denied the Veteran's claims for service connection for various conditions, finding no evidence of these conditions during active duty and insufficient medical evidence linking them to his military service.

The Board has determined that the Veteran's vertigo, also claimed as Meniere's Disease, was not incurred in service and is not proximately due to or aggravated by his service-connected bilateral hearing loss and tinnitus.

The Board has granted a 50 percent rating for the Veteran's vertigo condition, which is more severe than the current 30 percent evaluation.

The Board has granted service connection for Meniere's disease and bilateral hearing loss as secondary to the Veteran's service-connected Meniere's disease. Service connection for fibromyalgia is remanded due to insufficient evidence.

The Board found that the Veteran's benign paroxysmal positional vertigo (BPPV) was not incurred in or aggravated by service and may not be presumed to be related to active duty, nor is it proximately due to or the result of service-connected disability.

The Veteran's claim for service connection for vertigo was denied as there is no medical evidence supporting a link between his current condition and his military service.

The Board denied the Veteran's claims of service connection for Meniere's syndrome and an initial rating in excess of 20 percent for diabetes mellitus. The Veteran was not granted service connection as his Meniere's syndrome is not related to his military service, may not be presumed to have been incurred or aggravated by a service-connected disability, and the diabetes mellitus did not require regulation of activities.

The Veteran's claim of entitlement to service connection for vertigo is being remanded due to the need for additional development, including obtaining VA treatment records and a VA examination.

The Board has granted the Veteran's claim of service connection for PTSD, finding that it is causally linked to an in-service sexual assault. The other issues regarding Meniere's disease and Migraines are also granted.

The Veteran's appeal was dismissed due to his death.

The Board denied the Veteran's claims for higher ratings for septal deviation, service connection for tinnitus, obstructive sleep apnea, coronary artery disease (CAD), encephalopathy (claimed as headaches and vertigo), a bilateral hearing loss disability, neck injury residuals, and a lumbar spine disability. The decision also noted that new and material evidence had not been received to reopen the claim for service connection for tinnitus.

The Veteran's vertigo is manifested by dizziness and occasional staggering, warranting a 30 percent disability rating under Diagnostic Code 6204.

The Board found that the Veteran's service-connected pityriasis versicolor caused his seborrheic keratosis of the upper extremities and granted service connection for this condition. The right foot disability was also found to be related to service, with a rating assigned.

The Veteran's appeal has been dismissed as the issue of service connection for bilateral hearing loss is not currently before the Board due to it being part of his Meniere's disease rating.

The Veteran's appeal is being remanded for additional development, including VA examinations to address her claims for service connection for vertigo and chronic maxillary sinus disease.

The Board has denied the Veteran's claims for an initial compensable evaluation for healed fracture of the right proximal ulna, and service connection for residuals of a traumatic brain injury. The claim for residuals of a traumatic brain injury was reopened due to new evidence submitted since May 2004, but it remains denied as there is no current disability related to military service.