Vertigo & vestibular disorders decisions — 2010

The Board denied the Veteran's claims for service connection for asthma, hay fever, allergies, sinus conditions, lumbar spine disorder, peripheral neuropathy of the left lower leg, left knee disorder, right knee disorder, left foot disorder, vertigo, headaches, psychiatric disorder, and hypertension. The Board also denied extraschedular consideration for bilateral hearing loss.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records and providing the Veteran with a VA examination to determine if his current disabilities are related to service.

The Board denied the Veteran's claim for an increased disability evaluation for Meniere's syndrome with bilateral hearing loss, tinnitus, and dizziness. The RO had previously granted a 30 percent rating for Meniere's syndrome in December 1976.

The Board denied service connection for vertigo and did not address the other claims. The Veteran's claim to reopen his previously denied vertigo claim was unsuccessful, as new evidence submitted since the last denial is cumulative or redundant of previous evidence.

The Board has determined that the Veteran's vertigo, dizziness and right vestibular disorder is secondary to his service-connected hearing loss.

The Veteran's service-connected disabilities render him unable to protect himself from the hazards and dangers of his daily environment without the regular aid and assistance of another person, warranting special monthly compensation based on the need for the aid and attendance of another person.

The Board denied service connection for a skin disorder, headaches, and vertigo. The skin disorder was not linked to Agent Orange exposure or active military service. Headaches were not found to be related to the service-connected forehead scar or head injury in service.

The Board has granted a 100 percent rating for the Veteran's service-connected endolymphatic hydrops (vertigo) with tinnitus and sensorineural deafness, left ear.

The Board has determined that the Veteran's vertigo was not incurred in or aggravated by his active service, may not be presumed to have been incurred in service and is not proximately due to or the result of the service-connected bilateral hearing loss or tinnitus.

The Board found no evidence of vertigo or DDD and osteoarthritis of the lumbar spine during service, and there is insufficient medical evidence to establish a connection between these conditions and service. The Veteran's current back condition was not shown during service or for years thereafter.

The Veteran withdrew his appeal for service connection for vertigo.,His claim of reopening the bilateral hearing loss claim has been reopened due to new and material evidence.

The Board has determined that the Veteran does not have service connection for vertigo or tinnitus, as there is no evidence linking these conditions to his active duty service.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, and the Board grants a TDIU.

The Veteran's appeal is denied as his claim for service connection for Meniere's syndrome and a higher rating for bilateral hearing loss prior to August 11, 2007 are not supported by the evidence. His claim for individual unemployability due to service-connected disabilities is also denied.

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 Veteran's service-connected right thumb scar as a residual of dog bite is currently rated at the maximum schedular evaluation (10%) and no higher. The Veteran's benign positional vertigo, also related to head injury in service, has been granted with a 10% rating since September 20, 2006.

The Veteran's Meniere's disease was rated at 40 percent prior to March 18, 2000. The rating has been increased to 70 percent for the period from March 1, 2002 onwards.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing before a Veterans Law Judge.

The Board found that the Veteran's bilateral hearing loss is service-connected due to noise exposure during his military service. However, there was no evidence linking his current vertigo to his military service.

The Board has decided to remand the case for additional development and to obtain missing medical records, including those from Dr. Boerner, Dr. Rennick, Dr. Maziar, and Dr. Sieg.