Vertigo & vestibular disorders decisions — 2017

The Board has determined that the Veteran's peripheral vestibular disorder is related to service, and thus granted his claim for service connection.

The Board found that the Veteran's diabetes mellitus is not related to his service and is not caused or aggravated by his service-connected bilateral hearing loss disability and/or tinnitus.,The most probative evidence indicates that the Veteran's diabetes mellitus was not incurred in service, but rather developed after separation from active duty.

The Board has remanded the case for additional development, including a VA examination and a videoconference hearing. The Veteran's claim of service connection for peripheral vestibular disorder and its secondary relationship to bilateral sensorineural hearing loss is pending.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's positional vertigo is secondary to his service-connected otitis externa. The Veteran must provide updated VA treatment records and any private medical opinion from Dr. S.

The Veteran's bilateral hearing loss disability is rated at 50 percent, which is the maximum schedular rating available for this condition.,The Board has determined that the Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Board found that VA's care or treatment was not negligent, and the Veteran's hearing loss and vertigo were reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, colitis, tinnitus, and vertigo with dizziness, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU rating based on this finding.

The Veteran's claims for PTSD, vertigo, and menstrual abnormalities were denied as no new evidence was provided to support the claims. The effective dates for awards of service connection remain unchanged.

The Board finds that the Veteran's diagnosed Meniere's syndrome is related to his active service, granting service connection for this condition.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair.

The Board has determined that the Veteran's service connection claims for bilateral hearing loss, tinnitus, and Meniere's disease have been denied as there is no competent evidence linking these conditions to his military service.

The Board has granted service connection for vertigo as secondary to the Veteran's service-connected tinnitus and bilateral hearing loss.,There is insufficient evidence to establish a service connection for residuals of a jaw injury.

The Veteran's case is being remanded due to his request for a video conference hearing on the issue of service connection for vestibular vertigo, including as secondary to service-connected bilateral hearing loss and tinnitus.

The Board has determined that the Veteran's vertigo was not incurred in or aggravated by service and is not proximately due to, the result of, or aggravated by a service-connected disability.

The Veteran's initial claim for a compensable rating for left ear hearing loss is denied as his disability level does not meet the criteria for any higher evaluation.

The Veteran's appeal is being remanded for further development, including a medical examination to assess the relationship between his service-connected TMJ disorder and dizziness. Additionally, he must be provided with Statements of the Case regarding his earlier effective date claim for TMJ and TDIU claim.

The Board has determined that the Veteran's service connection claims for TBI, BPV with chronic labyrinthitis, and peripheral neuropathy of the feet are granted. The Veteran is also entitled to special monthly compensation based on loss of use of both feet and need for regular aid and attendance.

The Veteran's claims for post-concussive syndrome, peripheral vestibular disorder, and bilateral hearing loss were not granted earlier than May 26, 2010. The skin disorder claim is pending as it relates to service exposure, but the diabetes mellitus claim remains unresolved.

The Board denied an extraschedular evaluation for vertigo as a residual of traumatic brain injury, finding that the schedular criteria fully account for the Veteran's complaints and symptomatology.

The Board has determined that the Veteran does not have a current diagnosis of an acquired psychiatric disorder, gastrointestinal disease, skin disorder, heart condition secondary to PTSD, peripheral vestibular disorder, bilateral hearing loss, or tinnitus. The Veteran's left ear frostbite is also denied.