Vertigo & vestibular disorders decisions — 2019

The Veteran's appeal includes requests for an earlier effective date for service connection and a separate rating for tinnitus. The case is being remanded to adjudicate the CUE motion, which may affect the effective date issue.

The Veteran's vertigo symptoms have been rated at a 10 percent disability rating. The Board finds that the current evidence of record shows dizziness and occasional staggering, which is consistent with a 30 percent disability rating under Diagnostic Code 6204. However, the Veteran may also be entitled to a higher 30 percent rating if his vertigo symptomatology presents with attacks of vertigo and cerebellar gait occurring from one to four times a month, as required for a 60 percent disability rating under Diagnostic Code 6205 for Meniere's Disease. The Board finds that the Veteran should be scheduled for a VA examination to determine whether he has Meniere's disease.

The Board has denied service connection for Meniere’s disease and sleep apnea, but has remanded the claims for left knee disability and right knee disability due to insufficient evidence.

The Veteran withdrew her appeal, and the Board has dismissed it.

The Veteran's appeals for initial compensable evaluations for right and left hand carpal tunnel syndrome, as well as her appeal for service connection for an acquired psychiatric disability to include simple phobia (now consolidated under major depressive disorder with PTSD and insomnia), have been dismissed. The Veteran has also been granted a TDIU.

The Board has remanded the Veteran's claims for service connection due to the need for additional VA examinations and medical opinions. The issues include left forearm, bilateral lower leg, and left knee disabilities, as well as an eye disability.

The Board has denied service connection for various conditions, including shoulder, cervical spine/neck, bilateral ankle, cardiovascular, bilateral plantar fasciitis with fallen arches, vertigo, sleep apnea, right inguinal hernia, and skin disability of the feet. The claims are being remanded to determine the etiology of the Veteran's headaches.

The Board has denied service connection for various conditions, including shoulder, cervical spine/neck, bilateral ankle, cardiovascular, bilateral plantar fasciitis with fallen arches, vertigo, sleep apnea, right inguinal hernia, and skin disability of the feet. The claims are being remanded to determine the etiology of the Veteran's headaches.

The Veteran's claim for a higher rating for his service-connected peripheral vestibular disorder was granted, with a 30% disability rating effective July 12, 2019. The claim for an increased rating for bilateral hearing loss from October 31, 2006 to June 6, 2012 was denied, and the Veteran received a 20% disability rating for BHL from June 7, 2012 until August 21, 2017. The claim for an increased rating for bilateral hearing loss after August 22, 2017 was denied.

The Veteran's appeal is being remanded due to the need for additional medical examinations and opinions regarding his hearing loss and vertigo claims.

The Veteran's service-connected conditions prevent him from maintaining substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increase ratings in Meniere’s syndrome and depressive disorder have been withdrawn.,The issues of service connection for colitis, TDIU from December 1, 2012 to August 4, 2016, and the remaining appeal are remanded.

The Board has denied the Veteran's claims for service connection for bronchitis and cervical neck lordosis condition, vertigo, irritable bowel syndrome, and migraine headaches as secondary to her service-connected disability of nonspecific musculoligamentous strain, lumbar spine. The remanded issues include determining whether these conditions are aggravated by her service-connected disabilities or if they have a direct relationship with her military service.

The Veteran's application to reopen a claim of service connection for diabetes mellitus was denied due to lack of new and material evidence.,The Veteran's claim of service connection for tinnitus has been reopened, but the claim remains denied as there is no evidence that his tinnitus began during service or is related to an in-service injury.

The Veteran's initial disability rating of 100 percent for Meniere’s disease from May 9, 2000 to January 9, 2005, and from January 3, 2008 is granted. The 10 percent rating for tinnitus under Diagnostic Code 6260 from May 9, 2000 to January 9, 2005, and from January 3, 2008 is discontinued.

The Veteran's claim of service connection for a back disorder, right knee disorder, and left knee disorder is granted.,The Veteran's claim of service connection for a vestibular disorder (claimed as dizziness) is denied.

The Veteran's service connection claims are inextricably intertwined with his initial compensable rating claim for TBI. The Board has ordered a new VA examination to assess the current severity of his service-connected TBI and whether loss of balance, dizziness/vertigo, or headaches are related to service.

The Board has dismissed all the issues of service connection as they are related to a deceased Veteran.

The Board dismissed the Veteran's claims for service connection for a vestibular disorder, bilateral hearing loss, and erectile dysfunction. The claim for service connection for obstructive sleep apnea was granted as secondary to his service-connected diabetes mellitus.

The Veteran's service connection claim for non-Hodgkin’s lymphoma due to Camp Lejeune exposure is granted. The claim for Meniere's disease is denied.