Vertigo & vestibular disorders decisions — 2019

The Board has remanded the Veteran's claims for sleep apnea and vertigo due to incomplete service records and a potential Navy study. The Veteran needs to provide his complete personnel records, including those from 1958, and any medical study records related to him at Great Lakes Naval facility.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for residuals of a ruptured appendix is denied as the preponderance of the evidence fails to establish that any such present disorder is etiologically related to service.

The Board has granted service connection for bilateral hearing loss and vertigo as secondary to service-connected tinnitus. The decision is based on the Veteran's current diagnoses, her statements regarding noise exposure during service, and medical opinions linking her conditions to her service-connected tinnitus.

The Veteran's claim for service connection for tinnitus was denied in March 2016. The Board found that new and material evidence has not been received to reopen the claim. For his bilateral hearing loss, an increased rating is remanded due to a lapse of time since the last VA examination. For vertigo, a remand is also required as there are conflicting reports from the Veteran regarding its onset.

The Veteran's appeal was dismissed due to his death, and the claims for service connection were not addressed as they are moot.

The Veteran's seizure disorder is being remanded for further development, including an opinion on whether his symptoms are associated with the condition and consideration of an extraschedular rating. The issue of TDIU is also inextricably intertwined and must be held in abeyance.

Service connection for vertigo (dizziness) has been granted.,Service connection for neuropathy of the bilateral feet, as distinct from service-connected radiculopathy and paresthesias due to fibromyalgia, has been denied.

The Veteran's benign paroxysmal positional vertigo was diagnosed and treated during service, meeting the criteria for direct service connection.

The Board has remanded the claims for an increased rating for bilateral hearing loss and a higher rating for service-connected vestibular disorder, as well as the effective date issue. The AOJ must ensure that all relevant evidence is obtained and associated with the record, including audiometric testing results from September 2014 and other occasions. A retrospective medical opinion should be obtained to determine if the Veteran's symptoms prior to April 2009 were consistent with his later diagnosed central vestibular disorder.

The Veteran's claim for tinnitus has been granted. The initial rating for major depressive disorder remains denied. The effective date for service connection of major depressive disorder is not earlier than April 15, 2016.,Remaining claims for service connection are pending and need further development.

Service connection for bilateral hearing loss, tinnitus, left knee disability, right knee disability, left ankle disability, right ankle disability, left wrist disability, and right wrist disability has been granted.,Service connection for cervical spine condition and vertigo has also been granted.

The Board dismissed the appellant's freestanding claim for an earlier effective date for the grant of service connection for Meniere’s disease, as it is final due to a prior decision. The motion to revise on the basis of clear and unmistakable error (CUE) in the July 2006 rating decision was granted.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims.,The Veteran's psychiatric disability claim is remanded due to insufficient evidence.

The Board has denied the Veteran's claim for service connection for vertigo as there is no evidence of a disease or injury in service and the preponderance of the evidence does not support a finding that his current condition is related to service.

The Board has remanded the claims for service connection for vertigo and balance issues due to new allegations of their relationship with other service-connected conditions, including sleep apnea, cervical spine condition, headaches/migraines, and alleged exposure to jet fuel. The Veteran is also alleging these conditions may be related to his now service-connected bilateral hearing loss/tinnitus.

The Veteran's initial compensable rating for bilateral hearing loss is denied. The Board has also remanded the issue of service connection for vertigo, as there are concerns about the adequacy of the January 2019 VA examination and need for an addendum opinion.

The Veteran's service-connected disabilities, including ischemic heart disease and PTSD, have rendered him unable to secure or follow substantially gainful employment. The TDIU claim is granted. For the initial rating of ischemic heart disease, a remand is required as the Veteran testified that his condition has worsened since the last VA examination in January 2017.

The Veteran's claim for service connection for Meniere's disease is denied as there is no confirmed current diagnosis of the condition.

The Veteran's PTSD has been rated at 50 percent, effective February 16, 2018. The Board found that the claim for an increased rating remains on appeal.,The Veteran's vertigo is remanded and will be evaluated by a VA examiner.

The Board has determined that the Veteran's vertigo claim requires additional medical opinion and development due to new evidence received after a prior final denial, as well as issues related to secondary service connection.