Vertigo & vestibular disorders decisions — 2018

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support an increase in evaluation for Meniere's disease, as there was no evidence of a cerebellar gait or more than one episode per week of vertigo and cerebellar gait. For dry eyes, secondary to ptosis surgery, the Veteran did not meet the criteria for a compensable evaluation due to lack of incapacitating episodes during any relevant 12-month period. The Veteran's bilateral foot dermatophytosis also did not meet the criteria for a compensable evaluation as it affected less than 5% of his entire body and exposed areas without requiring intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs.

The Board has determined that the Veteran's tinnitus and vertigo, dizziness, and loss of balance were not incurred or aggravated by service. The evidence does not support a finding that these conditions are related to her military service.

The Veteran's claims for higher ratings for Meniere's disease, anxiety disorder, bilateral hearing loss, tinnitus, and a shell fragment wound are dismissed as the Veteran has withdrawn these claims.,The Veteran's claim for TDIU is granted from April 7, 1998 to January 29, 2008.

The Board has remanded the case for additional examinations and development of evidence, including obtaining Social Security Administration records and VA/privately obtained treatment records. The Veteran's TBI and vision impairment claims are also being addressed.

The Board denied the Veteran's claims of service connection for vertigo and an increased rating for diabetes mellitus type II, finding that there was no evidence to support a secondary service connection claim or that the diabetes required regulation of activities.

The Board denied the Veteran's claim for an extraschedular rating for her service-connected left ear hearing loss, finding that the established schedular criteria adequately described her disability and did not present exceptional or unusual factors.

The Veteran is seeking service connection for dizziness, chronic sinusitis, and allergic rhinitis, all of which he contends are secondary to a dental procedure in service. The Board finds that the claims should be remanded for further development.,VA will provide an examination to determine if any current disabilities (dizziness, chronic sinusitis, and allergic rhinitis) are related to service, including the tooth removal procedure.

The Board has decided to remand the case for additional development, including obtaining military personnel records and a VA medical opinion regarding whether hepatitis B was related to service and contributed to the Veteran's death.

The Board has determined that the Veteran's vertigo was incurred in service and is aggravated by service.,The Board also found that the Veteran's right shoulder disorder, including bursitis and osteoarthritis status post acromioplasty without residual scar, was aggravated by service.

The Veteran's Meniere's disease and back disorder have been granted service connection, but the effective dates for both conditions are set at January 3, 2008. The Veteran is seeking higher initial ratings for his back disorder.,For Meniere's disease, a rating in excess of 60 percent has not been met as there were no attacks of vertigo and cerebellar gait occurring more than once weekly.

The Board has determined that the Veteran's service-connected Meniere's disease requires regular aid and attendance, resulting in a grant of special monthly compensation (SMC) based on aid and attendance.

The Veteran's current disability of residuals of perforated tympanic membrane status post right tympanoplasty with vertigo is not attributable to service, and the Board denied his claim for service connection.

The Board has determined that additional development is needed in order to make a decision on the Veteran's claims, including obtaining addendum opinions regarding his vertigo and bilateral hearing loss. The issue of TDIU is also being remanded.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury or vertigo attributable to service, and thus denied both claims.

The Veteran's claims for service connection, increased ratings, and effective dates have been denied. The Board found that the right knee meniscus tear was not caused by his service-connected back and foot disabilities. For benign positional vertigo, the evidence did not support a finding of peripheral vestibular disorder. The bone loss of skull is considered less than a quarter in size. The PTSD with anxiety disorder, OCD, and cognitive disorder alone has rendered him unable to secure or follow a substantially gainful occupation. The TBI residuals have been rated appropriately.

The Veteran's claims for service connection for otitis media and Meniere's disease were denied as there is no evidence of these conditions during his military service, and the Board found that they are not related to his service-connected hearing loss and tinnitus.

The Veteran's appeal is being remanded due to new evidence provided by the Veteran, including testimony and additional evidence regarding the etiology of his TBI residuals. An updated VA examination is required.

The Veteran's positional vertigo is currently rated at 10 percent, effective November 1, 2011. The Board finds that an initial 10 percent disability rating for the Veteran's vertigo is warranted.

The Veteran's claims for service connection for vertigo, GERD, and peripheral neuropathy of the right lower extremity are granted. The initial ratings for GERD and peripheral neuropathy of the right lower extremity remain unchanged.

The Board has remanded the claims of hearing loss, tinnitus, Meniere's disease, and back disability for additional development. The Veteran is to be provided with an opportunity to identify any relevant medical records and a VA examination will be scheduled if necessary.