Vertigo & vestibular disorders decisions — 2012

The appellant's service-connected disabilities (bilateral hearing loss, tinnitus, and recurrent vertigo) have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that chronic cervical and trapezius muscle strain and degenerative disc disease of the lumbar spine had their onset during active service, granting service connection for these conditions.,Meniere's disease was incurred during active service, as it had its clinical onset in 1970.

The Board has determined that the reduction of the evaluation for Meniere's Disease with bilateral hearing loss from 60 percent to 30 percent was improper, and restored the original 60 percent rating.

The Veteran is entitled to a TDIU prior to March 22, 2005 due to his service-connected bilateral hearing loss preventing him from engaging in substantially gainful employment.

The Veteran's lumbar strain and Meniere's disease were not rated higher than the current assigned ratings, with the lumbar strain receiving a denial of an increased rating prior to December 1, 2011, and the Meniere's disease remaining at a non-compensable level.

The Veteran's claims for shortness of breath, skin disorder, vertigo, digestive disorder, chronic fatigue and memory problems are all dismissed as there is no evidence of a service connection basis.,Service connection was granted for the residuals of a hysterectomy but with an unspecified rating.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, particularly regarding his tinnitus and Meniere's disease. The VA medical opinions are inadequate due to lack of post-service medical records prior to 1985.

The Board has determined that the Veteran's claims for increased ratings for bilateral pes planus, posttraumatic headaches, and benign positional vertigo are not supported by the evidence of record. The current evaluations adequately reflect the severity of these conditions.

The Board has remanded the case for further development, including obtaining VA and private treatment records from Dr. D.E. and Dr. R., as well as a VA psychiatric examination to determine if the Veteran's anxiety disorder is related to his military service or secondary to his right ear hearing loss and tinnitus.

The Veteran's vertigo is found to be service-connected. However, the initial increased rating for major depressive disorder with generalized anxiety disorder from May 8, 2007 to June 24, 2008 is denied.

The Board found that the Veteran's vertigo was incurred during service due to noise exposure, but denied his PTSD claim as there was no credible supporting evidence for the claimed in-service stressors.

The Veteran's service-connected conditions, including chronic backache and dizziness, are rated at the minimum level. The right abdominal pain and scar receive a compensable rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to assess her service-connected conditions.

The Veteran's claims for service connection for erectile dysfunction, migraine headaches, rosacea, vertigo, skin cancer (lump removed from head and face), vitiligo, and an eye disorder have been previously denied. The new evidence does not raise a reasonable possibility of substantiating these claims.

The Board finds that the Veteran's current diagnosis of vertigo is at least as likely as not related to his in-service treatment, which supports a grant of direct service connection.

The Veteran's claims for service connection were denied as there was no evidence of a direct link between his claimed conditions and his military service or exposure to herbicides. The nerve damage is attributed to chemotherapy, not the service-connected condition.

The Board found that the Veteran does not have a current diagnosis of vertigo or a peripheral vestibular disorder, and thus denied his claim for service connection.

The Veteran's Meniere's disease was rated at 60 percent from June 4, 2007 to October 26, 2008. From October 27, 2008 to February 13, 2011, the rating was 30 percent. Since then, a higher rating is not warranted.

The Board has granted service connection for the Veteran's claimed dizziness and vertigo, finding that it is proximately due to his service-connected bilateral otitis media, mastoiditis and cholesteotoma.

The Board has remanded the case for clarification of whether the Veteran appealed this claim and to ensure compliance with previous instructions. The appeal is now pending again.