Vertigo & vestibular disorders decisions — 2016

The Veteran has withdrawn his appeals for the claims of entitlement to service connection for tinnitus, obstructive sleep apnea, and vertigo.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, skin problems/disorder, heel spurs, headaches/migraines, dizziness/vertigo, leg pain, CFS, and lumbar spine disability. The decision is based on the lack of evidence showing a current disability in most cases.

The Board has remanded the case for additional development due to incomplete medical records and need for further examination.

The Veteran's appeal is being remanded due to the failure to appear for a scheduled VA examination. The case will be reviewed and additional evidence may be obtained before readjudication.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Board of Veterans' Appeals has determined that the Veteran's vertigo is not related to service and therefore denied his claim for service connection.

The Veteran's tension headaches are found to be secondary to her service-connected cervical spine disability.,Service connection for a right shoulder disorder and labyrinthitis with vertigo is not addressed in this decision.

The Board denied service connection for costochondritis in April 2005 and the Veteran did not appeal. The claim was subsequently reopened, but no new and material evidence has been received to support a reopening of the claim. Service connection for vertigo due to undiagnosed illness is also denied.

The Veteran's Meniere's disease is found to be at least as likely as not a result of his active duty service, and the Board grants service connection for this condition.

The Board denied the Veteran's claims for service connection for various conditions, including sleep apnea, obesity, skin disability, low back and neck disabilities, Meniere's disease, heart disability, emphysema, PTSD, bronchitis, genitourinary disability, acid peptic disease, eye infections, and hypertension.

The Veteran's claims for erectile dysfunction, Meniere's syndrome, and migraines are being remanded due to inadequate opinions regarding the relationship between these conditions and his service-connected tinnitus and/or medication.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the AOJ for further action.

The Veteran's disability manifested by vertigo is reasonably shown to be related to his service-connected orthopedic disabilities (cervical spine, thoracolumbar spine, bilateral hip, and bilateral knee). As a result, the Board grants service connection for this condition.

The Veteran's Meniere's disease is found to have been incurred during service, and he is granted service connection. However, his sinusitis does not meet the criteria for a rating higher than 10 percent.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disability, diagnosed as Other Specified Trauma Stress-Related Disorder (OSTSRD). The appeal is dismissed for the issue of service connection for vestibular disorder, to include Meniere's disease, due to withdrawal by the appellant.

The Board has determined that the Veteran's claimed conditions are not related to service and thus denied all of his service connection claims.

The Veteran's claims for service connection and initial evaluation of hearing loss, as well as his claim for tinnitus are being remanded due to the need for additional development.

The Veteran's Meniere's disease with bilateral hearing loss and tinnitus was granted a 100% rating effective February 23, 2015. Prior to this date, the disability had been rated at 30%. The Board found that the evidence showed attacks of vertigo and cerebellar gait occurring more than once weekly.

The Veteran's right ear hearing loss and vertigo were exacerbated by the March 2000 VA procedure, which was a foreseeable complication. The Board finds that this additional disability is due to carelessness or negligence on the part of VA.

The Veteran's TBI with vertigo is currently rated at 10 percent, which does not meet the criteria for a higher rating. The Veteran's service-connected disabilities do not preclude all forms of substantially gainful employment.