Vertigo & vestibular disorders decisions — 2018

The Board has determined that the Veteran's left vestibular dysfunction is related to his military service, specifically his in-service noise exposure. Therefore, service connection for this condition is granted.

The Board has remanded the case for additional development due to missed VA examinations and outstanding treatment records. The Veteran's vertigo and acquired psychiatric disability are being evaluated again.

The Board denied compensation under 38 U.S.C.A § 1151 for residuals of left ear surgery because there is no probative evidence that the worsened left ear hearing loss or vertigo resulted from carelessness, negligence, lack of proper skill, error in judgment or an event not reasonably foreseeable.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's TBI residuals, including headaches and vertigo, are rated separately. The lumbago and left knee disability ratings remain unchanged.

The Veteran's left ear cholesteatoma and vertigo are not service-connected as they are related to the non-service-connected left ear cholesteatoma, which was caused by a mastoidectomy. The Board finds that the current symptoms of cholesteatoma and vertigo do not meet the criteria for service connection.

The Veteran's claims for increased ratings and a compensable rating are being remanded due to the need for additional development of evidence, including obtaining SSA records.

The Veteran's appeals for service connection on all issues related to muscle weakness, vertigo, stomach condition, brittle nails, dental problems, diabetes mellitus, right lower extremity neuropathy, left lower extremity neuropathy, right upper extremity neuropathy, left upper extremity neuropathy, carpal tunnel syndrome, impotence, and hypertension have been dismissed due to the Veteran's withdrawal of his claims.

The Board dismissed the appeal for service connection of a peripheral vestibular disorder as withdrawn by the Veteran.,Service connection was denied for a cervical spine disability due to lack of evidence linking it to service or a service-connected condition.,Secondary service connection was granted for chronic headaches, which are linked to the Veteran's service-connected psychiatric disability and sleep apnea.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded for additional development, including obtaining VA medical records and conducting an examination.

The Veteran's claims for service connection for hearing loss, tinnitus, and Meniere's disease are being remanded due to the need for additional development including scheduling a VA examination while incarcerated.

The Board has determined that the Veteran's condition on September 29, 2013 was such that a prudent layperson would have reasonably believed that delay in seeking immediate medical attention would have been hazardous to life or health. Additionally, VA facilities were not feasibly available to treat her at the time.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the case for additional development due to conflicting medical opinions regarding the Veteran's skin and ear disabilities. The issues of service connection for a skin disability and an ear disability remain before the Board.

The Board has remanded the case for additional development due to incomplete VA examinations and insufficient opinions regarding service connection claims. The Veteran's vertigo, hypertension, ischemic heart disease, and psychiatric disabilities are among the issues being addressed.

The Board has determined that the Veteran's service connection claims for various conditions, including hypertension, loss of taste/smell, skin disorder (acne), sleep apnea, erectile dysfunction, gout, and vestibular disorder are granted. The service connection is established on a direct basis.

The Board has denied the Veteran's claims for service connection for left leg amputation and entitlement to SMC based on anatomical loss due to lack of evidence showing that his vestibular disorder caused him to fall and discharge his weapon, leading to the amputation. The Veteran is not entitled to an increased rating for his vestibular disorder.

The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran's TBI is related to his in-service parachute accident, and service connection for this condition is granted. Other issues on appeal are remanded.

The Veteran's tinnitus disability has been established, and the Board finds that service connection is warranted based on continuity of symptoms since service.