Vertigo & vestibular disorders decisions — 2011

The Veteran's claim for service connection for a vestibular disorder, claimed as vertigo, is being remanded due to the need for additional development and examination.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Board denied the Veteran's claims for an initial compensable evaluation for residuals of a left perforated tympanic membrane and service connection for several secondary conditions, including bilateral hearing loss, tinnitus, peripheral vestibular disorder (loss of balance and motion sickness), ear infections, and earaches. The underlying condition was not rated higher than noncompensable.

The Veteran's claim for service connection for vertigo was previously denied in January 1995, but new and material evidence has been received to reopen the claim.,The reduction of the evaluation for bilateral hearing loss disability from 20 percent to 10 percent disabling, effective April 1, 2008, was found to be proper.

The Board has determined that a remand is necessary to obtain updated VA and private treatment records, determine the Veteran's current level of hearing loss disability, assess whether his tinnitus and vertigo are related to service-connected bilateral hearing loss, and provide an appropriate examination for these issues. The case will be returned to the Appeals Management Center (AMC) for further action.

The Board found that there is equally probative medical and lay evidence for and against the Veteran's claims, thus resolving all reasonable doubt in his favor. The Board concluded that his migraines and vertigo are due to injuries incurred in service.

The Veteran's vertigo/dizziness and headaches due to traumatic brain injury are rated at 10 percent, the maximum under Diagnostic Code 8045.

The Board has granted service connection for residuals of bilateral pterygium removal due to aggravation during active military service.

The Veteran's vertigo, with accompanying migraines, was found to be manifested by dizziness and occasional staggering from August 11, 2010 onwards. The Board granted a rating of 30 percent for this condition.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not service-connected as they did not manifest within one year of separation from service or are otherwise related to his military service.,Meniere's disease was also not found to be service-connected, as there is no evidence linking it to his time in service.

The Board has granted service connection for right ear hearing loss. The Veteran's left ear hearing loss and tinnitus are not related to his periods of service, but a new VA examination is needed to determine if they are secondary to his service-connected right ear hearing loss.

The Veteran's dementia has resulted in total occupational and social impairment, and he is entitled to a separate disability rating of 10 percent for tinnitus. The criteria for a compensable rating for residuals of head injury manifested by headaches, vertigo, dizziness, and intermittent numbness of the face and extremities have not been met.

The Veteran's claims for service connection are being remanded due to insufficient development of his Agent Orange exposure claim and the need for a VA examination regarding his vertigo with dizziness and nausea.

The Veteran's appeal is being remanded to obtain additional service personnel records and medical records, conduct a VA examination, and determine the etiology of his claimed disabilities.

The Board has determined that the Veteran does not have a chronic disability manifested by chest pain or vertigo that was incurred in service. The Veteran's assertions of such are not supported by competent medical evidence.

The Veteran's claims for increased ratings for PTSD and bilateral inguinal hernia repair were granted. Service connection for Meniere's disease was established, but the claim for an increased rating for PTSD is at the maximum allowable disability level of 50%. The TDIU claim remains pending.

The Board of Veterans' Appeals (Board) has determined that the Veteran's claim for an increased disability evaluation in excess of 30 percent for benign positional vertigo on an extraschedular basis is denied. The Director, Compensation Service, concluded that an extraschedular rating was not warranted.

The Board denied reopening the claim for service connection for Meniere's disease and also denied a compensable evaluation for bilateral hearing loss.

The Board found no current disability associated with the Veteran's service-connected hepatitis infections, and denied all claims for service connection.

The Board has remanded the case due to inadequate VA examinations and requests for supplemental opinions.