Vertigo & vestibular disorders decisions — 2018

The Board denied the claim for VA payment or reimbursement for emergency transportation provided by the City of Camas Fire Department on October 19, 2012 because the application was not received within the required 90-day period following the service.

The Veteran's service-connected bipolar disorder has prevented him from securing and following substantially gainful employment since 2014, meeting the criteria for a TDIU.

The Veteran's TDIU for chronic vertigo, combined with additional service-connected disabilities independently ratable at or over 60 percent (including PTSD, back arthritis, costochondritis, left lower extremity radiculopathy, and right lower extremity radiculopathy), meets the criteria for SMC at the housebound rate.

The Board has determined that the Veteran's claims for service connection for residuals of traumatic brain injury (TBI), vertigo, headaches, and memory loss are granted. The evidence shows a history of in-service head injuries from blast exposures, which resulted in current disabilities including TBI-related symptoms such as dizziness, headaches, cognitive deficits, and anxiety.

The Board found that the Veteran's hypertension, cerebrovascular accident, peripheral neuropathy (upper and lower extremities), and vertigo are not service-connected due to lack of evidence showing their onset during or within one year after service. The Board also noted that there is no medical evidence linking these conditions to herbicide exposure.

The Veteran's appeal is being remanded for additional development to obtain updated VA treatment records, a VA examination for bilateral hearing loss, and an addendum opinion regarding the relationship between his vertigo and service connection.

The Veteran's service-connected basilar migraine headaches with vertigo and blurred vision are currently rated at the highest schedular rating available (50%). The other issues have been granted, but not in excess of their current ratings.

The Board has determined that the Veteran's injuries, including his lumbar spine disability, cervical spine disability, residuals of a fractured skull, traumatic brain injury, headaches, vertigo, neurological condition affecting bilateral lower extremities (claimed as pain and muscle spasms), neuropathy of upper extremities, and acquired psychiatric disorder (claimed as PTSD) are due to his own willful misconduct. As such, these claims for service connection are denied.

The Veteran's service connection claim for a disability manifested by dizziness/vertigo is being remanded due to the need for further development, including obtaining VA treatment records and scheduling an examination.

The Veteran's vertigo claim is denied as there is no current diagnosis of the condition.,Service connection for a urinary disorder is granted based on objective findings and continuity of symptoms since service.

The Board denied service connection for multiple myeloma, finding no evidence of herbicide exposure and noting the Veteran's diagnosis was not within one year of separation from service. The claim to reopen a left shoulder condition is remanded.

The Veteran's appeal has been dismissed due to his death. The claims for service connection and TDIU have become moot.

The appeal is being remanded for additional development, including obtaining private and VA treatment records and a comprehensive VA medical opinion regarding the Veteran's skin disorders.

The Board denied the Veteran's claims for service connection for vertigo and TDIU prior to June 25, 2014. The Veteran's vertigo was not found to be related to his service or a service-connected disability. For TDIU, the evidence did not show that the Veteran's service-connected disabilities rendered him unemployable prior to June 25, 2014.

The Board found that the Veteran's cervical spine, lumbar spine, and vestibular dysfunction disabilities were not incurred or aggravated by military service. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's claim for service connection for vestibular dysfunction as secondary to his service-connected migraines is granted. The claims for initial compensable evaluation and increased evaluations for bilateral hearing loss are denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected conditions and determine if there has been any worsening since the last examinations. The claims will be readjudicated after this additional development.

The Veteran's claims for service connection for right ear hearing loss, vertigo, and left ear hearing loss have all been denied.,There is no evidence of a current disability in any of these conditions.

The Veteran's claims for service connection for a vision condition and dizzy spells and vertigo have been denied as there is no current chronic disability found, and the symptoms are attributed to his service-connected TBI.

The Board has granted service connection for the Veteran's low back disability, residuals of TBI, and benign paroxysmal positional vertigo (BPV), but denied service connection for hepatitis C. The effective date for the grant of service connection for tinnitus is October 31, 2009.