Vertigo & vestibular disorders decisions — 2013

The Veteran is seeking to have the reduction of his bronchial asthma rating and the denial of service connection for Meniere's syndrome in May 1955 overturned due to clear and unmistakable error. The Board has ordered further development to locate missing records from June 1955 to September 2009.

The Board has determined that there is no evidence of a diagnosed vestibular disorder or headaches related to service. The appellant's claims for these conditions have been denied.

The Board found that the Veteran's current Meniere's disease, right hearing loss, and tinnitus are not etiologically related to in-service noise exposure. The left ear hearing loss was also denied as there is no evidence of a compensable degree of hearing impairment.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the Veteran's service-connected disabilities. The appeal will be certified back to the Board only if the appeal is perfected by filing a timely substantive appeal.

The Board has granted service connection for sleep apnea, but denied service connection for erectile dysfunction and vertigo.

The Board has determined that the Veteran's current lumbar spine disorder, including degenerative disc disease and diffuse lumbar spondylosis of the lumbar spine, is related to service. The claim for vertigo secondary to PTSD will be remanded as it was not addressed in this decision.

The Board denied the Veteran's claims for service connection for various conditions, including pulmonary edema, right knee disorder, left knee disorder, and other disabilities. The evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's service connection claim for left ear hearing loss is granted as his condition is found to be related to military service.

The Veteran's Meniere's syndrome is being remanded for additional development, including obtaining updated VA treatment records and providing an opinion on whether it is at least as likely as not caused or aggravated by his service-connected bilateral hearing loss.

The Veteran's peripheral vestibular disorder has been rated at a 30 percent disability rating since August 31, 2005. The Board finds that the evidence is in equipoise as to whether the Veteran's service-connected peripheral vestibular disorder meets the criteria for a higher, 30 percent, rating.

The Veteran's Meniere's disease is currently rated at 10 percent disabling, effective July 12, 2011. The claim for a higher initial rating prior to that date remains denied.

The Board found that the Veteran's conditions, including failed craniotomy with skull deformity, headaches, diplopia, and benign positional vertigo, did not have onset in or are otherwise related to his active duty service from March 2003 to March 2004. The pre-existing conditions were aggravated by post-operative complications but not worsened beyond their natural progression.

The Veteran's claim for an increased rating for residuals of traumatic brain injury (TBI) to include vertigo, oscillopsias, abnormal gait, and status post repair of perilymph fistulas was denied as his condition is already rated at the maximum disability evaluation assignable under Diagnostic Code 6204.

The Board has reopened the claim for service connection for a lumbar spine disability and determined that new evidence supports this reopening. The Veteran does not have any of the claimed conditions, including back, knee, foot, elbow, hearing loss, tinnitus, diabetes mellitus type 2, heart disease, or psychiatric disorders, that were incurred in or aggravated by his service.

The Veteran seeks earlier effective dates for service connection and ratings related to his TBI, tension headaches, vertigo, and PTSD.,He also raises claims of clear and unmistakable error (CUE) in prior rating decisions.

The Board has determined that the VA examination and opinion are inadequate for evaluation purposes, and thus remands the case back to the RO for further development.

The Board has remanded the case for additional development, including obtaining records from private healthcare providers and seeking reasonable efforts to obtain these records. The Veteran's claims for service connection on appeal will be readjudicated after this development.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Veteran's benign mass of the right lung, status post upper lobe wedge resection is not productive of any respiratory manifestations or symptomatology warranting an increased evaluation.,The Veteran's benign positional vertigo is manifested by dizziness and occasional staggering.