Vertigo & vestibular disorders decisions — 2018

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 22, 2010 was denied because the evidence did not show that his service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment.

The Veteran's TBI with vertigo is rated at 70 percent, effective February 6, 2016. A separate rating of 30 percent for vertigo from February 11, 2016 was granted. The Veteran's posttraumatic headaches mixed with migraines are rated at 50 percent.

The Board has remanded the claims for mitochondrial disease and muscle weakness, vertigo, tinnitus, chronic fatigue, AAA, gastrointestinal problems, arachnoiditis, enhanced brain meninges and Horton’s syndrome, a chronic headache disability, and cognitive maladies. Additional records are needed from SSA and private sources, and VA medical opinions are required to clarify the disabilities and determine their relationship to service or service-connected conditions.

The Veteran's claim for an increased disability rating in excess of 30 percent for migraine headaches prior to June 5, 2018 is denied. The Veteran's claim for a 50 percent disability rating for migraine headaches on and after June 5, 2018 is granted. The issue of service connection for dizziness (Meniere's Disease) is remanded.

The Board has remanded the Veteran's claims for obstructive sleep apnea, hypertension, vertigo, hypogonadism with metabolic syndrome, gastroesophageal reflux disease (GERD), and hypercholesterolemia due to insufficient medical opinions regarding their onset or aggravation during active duty.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment at Wooster Community Hospital is denied because the condition was not a medical emergency and VA facilities were feasibly available.

The Veteran's claim for service connection for migraine headaches, claimed as secondary to his service-connected Meniere's disease is granted. The matter of an earlier effective date for the grant of service connection for obstructive sleep apnea (OSA) is remanded.

The Board has determined that the Veteran's Bilateral Benign Positional Vertigo, manifested by bilateral ear pressure, is related to active service and granted service connection.

The Veteran's claims for service connection for gastrointestinal disorder, vertigo, and sleep apnea have been denied. The claim for increased rating of anal fissures has resulted in a grant of a higher initial disability rating to 30 percent. The claim for an increase in the initial rating for migraine headaches remains denied.

The Board has remanded two issues: service connection for benign paroxysmal positional vertigo and service connection for chronic bronchitis. The Veteran's respiratory disability is unclear, and VA treatment records are needed.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and records development.

The Board has denied the Veteran's claims of service connection for a right ear disability, vertigo, and an eye disability. The claim for increased evaluation for tinnitus is remanded as it involves a legal issue. The claims for earlier effective date for service connection for tinnitus and service connection for headaches are also remanded due to lack of examination. The claim for service connection for an acquired psychiatric disorder remains pending.

The Board denied service connection for residuals of a head injury, finding that there is no current disability and the evidence does not support an etiological link to in-service events or chemical exposure.

The Veteran's appeals for service connection on the merits have been dismissed. The Board has remanded several issues including vertigo, colitis, hemorrhoids (secondary to colitis), fungal infections of the toenails, and thyroid condition post thyroidectomy due to insufficient evidence or need for further examination.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations and records.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for intervertebral disc syndrome and benign positional vertigo, as well as his claim for TDIU due to service-connected disabilities. The VA is instructed to obtain updated treatment records, schedule examinations for the severity of these conditions, and consider the impact on employment.

The Veteran's sleep apnea is granted as secondary to his service-connected right knee disability, hearing loss, and tinnitus.,Service connection for depressive disorder and anxiety disorder are granted. The Board finds that the acquired psychiatric disabilities are at least as likely as not aggravated by his service-connected bilateral hearing loss and tinnitus.

The Board denied the Veteran's claim for service connection for right kidney lesion and remanded his claim for service connection for headaches with nausea and vertigo. The decision on the right kidney lesion claim is that it was not incurred in or aggravated by active duty service. For the headaches claim, a VA examination is needed to determine if they are related to service.

The Board has remanded the Veteran's claims for service connection due to outstanding treatment records and additional medical opinions are needed.

The Veteran's claims for traumatic arthritis of multiple joints and low back disability have been remanded due to the need for additional development.,The Veteran's claims for diabetes mellitus, prostate hypertrophy, left shoulder disability, right hand disability (claimed as swollen right hand), left heel spur, TBI, and a disability manifested by dizziness and vertigo have also been remanded.