Vertigo & vestibular disorders decisions — 2014

The Board has decided to remand the case for additional development, including obtaining medical records and arranging for VA examinations to address the nature and etiology of any current knee disability and vertigo.

The Veteran's claim for service connection for numbness in the toes, claimed as frostbite, was denied. The Board found that there is no competent medical evidence of a current cold injury disability or a disability manifested by numbness of the toes.,The Veteran's claims for service connection for peripheral vestibular disorder and arthritis are being remanded to obtain additional treatment records.

The Board has determined that the Veteran's vertigo is as likely as not due to or aggravated by service-connected residuals of a perforated right tympanic membrane, residuals of ear infection with hearing loss, and tinnitus. As such, the claim for service connection for vertigo is granted.

The Board has determined that additional development is needed to address the cause of the Veteran's death and its relationship to service-connected conditions. The appellant seeks service connection for the cause of her husband's untimely death, which was attributed to a severe asthma attack exacerbated by his service-connected PTSD.

The Board has remanded the case for further development, including scheduling of specialized VA examinations and providing an opinion on whether the Veteran's service-connected anxiety disorder aggravated his inner ear disorder with vertigo.

The Veteran's service-connected Meniere's disease is rated at the highest possible evaluation of 100 percent throughout the period of the claim.

The Board has granted the reopening of claims for service connection for an acquired psychiatric disorder, low back condition, and headaches (also claimed as dizziness, vertigo, and labyrinthitis). The termination of separate evaluations for arthritis of the right shoulder and torn rotator cuff was found to be improper.

The Veteran's claim for a higher rating for bilateral hearing loss was granted, with the effective date being March 25, 2011. The Veteran is now rated at 60 percent for his bilateral hearing loss.

The Veteran's claims for bilateral hearing loss, vertigo, and status post nasal bone fracture were denied. The decision did not address service connection via a presumption like PACT Act/Agent Orange/Camp Lejeune.

The Veteran developed additional disabilities (oscillopsia, vestibular disorder, and anxiety/mood disorders) as a result of VA treatment for endocarditis. These disabilities are considered proximately due to the VA care provided.

The Veteran is eligible for the highest educational assistance rate (100%) under the Post-9/11 GI Bill due to having at least 30 continuous days of service after September 2001 and being discharged due to a service-connected disability, Meniere's disease.

The Board has determined that the Veteran does not have current hearing loss or tinnitus for VA purposes and thus cannot establish service connection. The claims for sleep apnea, depression, and Meniere's syndrome are remanded to obtain additional medical opinions.

The Veteran's claim for an earlier effective date for the grant of service connection for Meniere's disease with right ear hearing loss and tinnitus was denied as there is no evidence that she filed a formal or informal claim prior to December 2007, which is when her increased rating claim for hearing loss was received. The earliest possible effective date would be December 13, 2006, but the RO assigned February 26, 2007 as it was within one year of that date and indicated in a private treatment record that she had lost essentially all her hearing from the right ear due to Meniere's disease.

The Veteran's appeal is being remanded to the AOJ for compliance with previous Board instructions regarding service connection for hearing loss and tinnitus, as well as readjudication of her claim for a higher rating for vertigo.

The Veteran's vertigo is rated at 30 percent, effective from the date of the August 2008 rating decision. Service connection for left shoulder disability (including tendonosis and DJD) was granted.

The Veteran's service-connected Meniere's disease residuals are rated at the maximum available rating of 100 percent. The claims for secondary service connection for left hip, left knee, right knee, and psychiatric disorders have been denied as there is no evidence of these conditions during the period of this claim.

The Board has determined that the Veteran's vertigo warrants a maximum disability rating of 30 percent, as there is no evidence to support a higher evaluation under any applicable diagnostic code.

The Veteran's claim for service connection for a disorder manifested by bleeding ears was denied as there is no evidence of current disability and the most recent VA examination did not find any evidence of a bleeding ear condition.

The Board found that the Veteran's vertigo was not incurred or aggravated by active service and denied his claim.

The Board found that the Veteran's Meniere's disease was not incurred in or aggravated by active military service and is not proximately due to or the result of a service-connected disability.