Vertigo & vestibular disorders decisions — 2019

The Board has granted service connection for bilateral hearing loss but has remanded the issue of service connection for benign paroxysmal positional vertigo (claimed as vertigo and dizziness) due to lack of VA treatment records, incomplete authorization for private medical records, and need for an addendum opinion.

The Board has remanded the Veteran's claims of entitlement to service connection for a vestibular disorder, cardiac disorder, splenomegaly, and migraine headaches due to his service-connected Lyme disease. The AOJ is instructed to request the SSA hearing transcript from November 16, 2009 and schedule the Veteran for a new VA examination to determine if his migraine headaches are related to or aggravated by his service-connected conditions.

The Veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, and migraines headaches (dizziness/vertigo and off balance), rendered him unable to obtain and/or maintain substantially gainful employment. The Board granted the claim for total disability rating based on individual unemployability.

The Board dismissed all the Veteran's claims as it had no jurisdiction to adjudicate them under the Appeals Modernization Act.

The Veteran's claim for an increased initial rating in excess of 10 percent for bilateral hearing loss is remanded due to a duty to assist error.

The Veteran's dysequilibrium, chronic presyncopal dizziness, and Meniere’s disease are granted compensation under 38 U.S.C. § 1151 due to chemotherapy performed at a VA Medical Center (VAMC). The initial rating for muscle atrophy in the left shoulder and decreased left arm range of motion is still pending.

The Board has remanded the claims for an initial compensable rating for bilateral hearing loss, erectile dysfunction, and service connection for a back disorder and vertigo due to additional evidence received after the November 2018 statement of the case. The Veteran's prostate cancer status post prostatectomy is also being examined.

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's diagnosed vestibular disorder. The matter is being sent back for further development and an opinion from a physician with appropriate expertise.

The Veteran's claim for service connection of vertigo has been reopened, granted, and a new rating of 10 percent for hypertension is restored. The initial compensable evaluation for hyperhidrosis was denied. The reduction from 20 to 10 percent for hypertension needs further review.

The Board denied service connection for vertigo as there is no evidence of a current disability and the May 2012 VA examination found no true vertigo, otalgia, or otorrhea.

The Veteran's claims for service connection for vertigo and a TDIU rating prior to September 17, 2010 are remanded due to conflicting medical opinions.,The Veteran's claim for an earlier effective date for his increased hearing loss rating is denied as the evidence does not show he met the criteria for a compensable disability rating under Diagnostic Code 6100 prior to May 27, 2010.

The Board denied an earlier effective date for the grant of service connection for anxiety disorder and a higher initial rating for anxiety disorder.

The Veteran's claim for an increased rating for a left knee condition was denied, and his claim for service connection of dizziness was remanded due to lack of substantial compliance with previous remand directives.

The Board denied an earlier effective date for the award of service connection for vertigo, finding that the Veteran did not file a formal or informal claim for this condition prior to April 11, 2013.

The Veteran and his attorney have withdrawn all remaining claims, including the ones for PTSD and vertigo. The Board has dismissed these claims.

The Veteran does not have any current disabilities related to his claimed sleep disorder, vertigo, vision impairment, respiratory disability, colon disability, or bilateral hearing loss that are attributable to active service.,His current tinnitus is not related to active service.

The Veteran withdrew his appeal for service connection for vertigo, with full understanding of the consequences.

The Board has decided to remand the case due to a need for an additional VA examination to determine if the Veteran's vertigo was aggravated by his service-connected tinnitus.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling an examination to determine if the Veteran has vertigo and whether it is related to his service or any service-connected conditions.

The Board has granted service connection for bilateral hearing loss and tinnitus as secondary to in-service noise exposure. Service connection for vertigo and/or Meniere’s syndrome is denied.