Vertigo & vestibular disorders decisions — 2014

The Veteran's appeal is being remanded for additional development, including scheduling a VA audiological examination and obtaining an addendum opinion from the May 2011 VA examiner regarding his service connection claim for vertigo. The case will also be readjudicated to determine if referral for extraschedular evaluation of hearing loss is warranted.

The Board has granted service connection for bilateral sensorineural hearing loss, finding that it is etiologically related to in-service noise exposure. The lung disability claim remains pending as the appropriate diagnosis and nexus have not been fully addressed.

The Veteran's claims for increased ratings for benign paroxysmal vertigo and fracture of the left fibula were denied as there is no evidence to support a higher rating based on current symptoms.

The Board found that the Veteran's vertigo did not manifest during his period of active service and is not otherwise related to any period of active service. As a result, the claim for service connection for vertigo was denied.

The Veteran's claim for service connection for benign paroxysmal positioning vertigo (also claimed as dizziness and unbalance) secondary to his service-connected bilateral sensorineural hearing loss is being remanded due to the need for a more definitive opinion regarding whether the condition was caused or aggravated by his service-connected disability.

The Board has determined that the Veteran's conditions of failed craniotomy with skull deformity, headaches, benign positional vertigo, and diplopia are related to his active duty service from March 2003 to March 2004. The preexisting conditions were aggravated during this period.

The Veteran's posttraumatic headaches were rated at 10 percent prior to October 23, 2008 and increased to 50 percent on and from that date.,Memory loss associated with TBI was separately rated as a residual of the injury.

The Veteran's left scapular strain was rated as noncompensable prior to May 25, 2012 and at 10 percent thereafter. The Board found no evidence of ankylosis or impairment of the humerus, which would warrant a higher rating.,For benign positional vertigo, the Veteran's disability is currently rated as 30 percent disabling under Diagnostic Code 6204, representing the maximum schedular evaluation available.

The Veteran's claims for higher ratings for residuals of TBI including vertigo and Parkinson's disease were granted, with a rating in excess of 50 percent for Parkinson's disease. The claim for hearing loss was not granted as the disability did not meet the criteria for a compensable rating.

The Veteran's claim for PTSD was granted, as the evidence supports a finding that his symptoms are related to service.,Service connection was also granted for an acquired psychiatric disability other than PTSD, including obsessive compulsive disorder, anxiety, and depression. The Board found that the Veteran's in-service stressors were sufficient to cause such symptoms.

The Board has determined that additional development is needed to verify the Veteran's claimed stressors and to determine if his current PTSD and vertigo are related to service. The case will be remanded for these purposes.

The Veteran's PTSD is service-connected as it resulted from stressors experienced during active duty.,There is no evidence to support a connection between the Veteran's sleep apnea and vertigo with his service. The Board finds that these conditions are not related to his service.

The case is being remanded for further factual development due to insufficient evidence regarding the Veteran's claimed disabilities and exposure to chemical hazards during service.

The Veteran's appeal is for a higher initial rating for left ear hearing loss and service connection for tinnitus, headaches, and vertigo/dizziness. The VA has granted service connection for left ear hearing loss but denied service connection for tinnitus, headaches, and vertigo/dizziness. The case is pending as the Veteran recently claimed service connection for vertigo/dizziness as secondary to his service-connected left ear hearing loss.

The Board finds that the Veteran did not have a bilateral hearing loss disability or tinnitus during his lifetime, and thus cannot establish service connection for these conditions. The evidence does not indicate any current myelodysplastic syndrome or vertigo related to military service.

The February 2008 rating decision, which granted service connection for vertigo effective July 25, 2003, has not been shown to contain CUE.,The October 2003 and February 2008 rating decisions that assigned an earlier effective date for hearing loss evaluations are remanded.

The Board has determined that the Veteran's inner ear disorder, claimed as dizziness or vertigo, is not related to his military service and thus denied his claim for service connection.

The Board found that new and material evidence had been received to reopen the claim for service connection for Meniere's disease, but denied the claim as there was no evidence showing a causal relationship between the Veteran's service-connected right ear hearing loss and his current diagnosis of Meniere's disease.

The Veteran's current paroxysmal benign positional vertigo is related to ear infections he experienced in service, and the Board has granted service connection for this condition.

The Board found no evidence of a disability manifested by dizziness, including vertigo, that is the result of disease or injury incurred in service.