Vertigo & vestibular disorders decisions — 2011

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD; a balance disorder manifested by vertigo; and a gastrointestinal disorder. The claim for sarcoidosis was not reopened as new and material evidence had not been received.

The Board denied the Veteran's claims for service connection for right ear hearing loss, Meniere's disease, and vertigo. The Board found that these conditions were not incurred or aggravated by active duty.

The Veteran's vestibular toxicity and peripheral vestibular loss are considered a result of the carelessness, negligence, or lack of proper skill on his part rather than due to VA treatment. The Board finds no fault, negligence, or error in judgment by the VA in administering gentamicin.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum under Diagnostic Code 5271 for limited motion of the ankle. The Board found no evidence to support a higher rating based on functional loss or ankylosis. Service connection was granted for sleep apnea.

The Veteran's traumatic positional vertigo has been rated at 30 percent since June 28, 2006.