Vertigo & vestibular disorders decisions — 2019

The Veteran was granted an effective date of May 1, 2014 for a separate 30 percent disability rating for dizziness and staggering secondary to Meniere’s disease.,An initial disability rating in excess of 10 percent for service-connected bilateral hearing loss prior to June 28, 2016 was denied.

The Board has decided to remand the case due to the need for additional medical examination and records, particularly regarding the Veteran's current ear disorders including dizziness, vertigo, and nystagmus symptoms.

The Board has remanded the case for a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service-connected rhinoplasty, septoplasty and cartilage graft in service. The examiner must also opine whether sleep apnea is proximately due to or aggravated by his service-connected allergic rhinitis or sinusitis.

The Board has remanded the case due to an inadequate VA examination for service connection of Meniere’s disease, including as due to in-service chemical exposure.

The Veteran's claim for an earlier effective date prior to January 30, 2006 for the grant of service connection for Meniere's syndrome was denied. The Veteran also had his initial disability rating for Meniere's syndrome denied as it did not warrant a higher than 30 percent rating.

The Board has denied service connection for sinusitis and remanded the issue of determining if vertigo is related to service, including aggravation by tinnitus.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the nature and etiology of his respiratory conditions, headaches, and vertigo. The claims will be reopened but not necessarily granted.

Service connection for brain cancer with bilateral cataracts was severed due to lack of radiation exposure during service.,Service connection for vertigo and tinnitus associated with brain cancer with bilateral cataracts was also severed as they are not related to service.

The Board denied the Veteran's claims for service connection for vertigo, to include secondary to tinnitus, hearing loss and an acquired psychiatric disorder. The appeal was also remanded for additional examinations related to total disability rating based on individual unemployability and special monthly compensation due to need for aid and attendance.

The Board denied the Veteran's claim for SMC at the housebound rate as he does not have a single service-connected disability rated 100 percent disabling. The TDIU was based on multiple disabilities, and thus did not meet the requirement for a single service-connected disability rated 100 percent.

The Board has ordered the VA to obtain additional records and schedule examinations for the Veteran's shin splints, coronary artery disease, and acquired psychiatric disorder. The claims are being remanded due to inadequate development.

The Veteran's CVA with vertigo is rated as 10 percent disabling since March 1, 2009. The Board finds that a higher rating is not warranted.,Prior to April 8, 2016, the Veteran was granted a 30 percent rating for adjustment disorder with depressed and anxious features.

The Board has denied the claims for service connection for various conditions, including hearing loss, vertigo or Meniere’s disease, insomnia, conjunctivitis, cataracts, ulcers, headaches, right-hand and left-hand disabilities, squamous cell skin cancer, cholecystitis (claimed as a gallbladder disability), colitis, fibromyalgia, chronic fatigue syndrome, skin disability on the back, PTSD, right knee disability, lower back disability, left knee disability, hypertension, and GERD. The claims are denied as secondary to service-connected disabilities or due to in-service exposure.

The Veteran's appeals for service connection on multiple conditions have been dismissed. The Board did not address the merits of these claims, but rather found that the Veteran withdrew his appeal as to all issues related to a rash, tonsillitis, dysuria, coagulase, dyspnea, gastroenteritis, myalgia, residuals of a right elbow fracture, costochondritis, and hearing loss. The appeals for service connection on tinnitus, back disability, headache disability, residuals of a head injury, vertigo, and eye disability are remanded.

The Veteran's service-connected hearing loss and tinnitus have been denied as his claims are not supported by the evidence of record.,Service connection for prostate cancer has been granted based on exposure to herbicide agents during service. The right knee condition and skin condition of the leg have been denied due to lack of medical evidence linking these conditions to service or any other service-connected disabilities. Service connection for vertigo/dizziness has also been denied as there is no current diagnosis of these conditions.

The Veteran's service records show complaints of headaches and dizziness during active duty. A VA examination is needed to determine if these conditions are related to his military service.

The Board has granted the Veteran's claims for SMC based on aid and attendance, dismissed his claim for automobile and adaptive equipment allowance, and granted an earlier effective date of August 7, 2008 for service connection of dehiscence of superior semicircular canal (claimed as vertigo).

The Veteran's vestibular dysfunction is being remanded for further examination and opinion regarding its relationship to his service-connected hearing loss and tinnitus.

The Board has determined that new evidence received after the March 2017 rating decision warrants readjudication of the claim for service connection for tinnitus. Additionally, the Veteran is found to be unemployable due to her service-connected disabilities and thus entitlement to a TDIU is granted.

The Veteran is seeking an earlier effective date for the grant of service connection for vestibular disorder, which includes tinnitus. The case has been remanded to address both the issue of a new and material claim and the CUE in the August 2012 rating decision.