Vertigo & vestibular disorders decisions — 2020

The Veteran's claim of service connection for chronic pain was denied as there is no current diagnosed disability.,Service connection for Meniere's disease and bilateral hearing loss were granted with effective dates of May 10, 2017.

The Veteran's basic eligibility for Dependents’ Educational Assistance (DEA) benefits was established on March 26, 2012, when he received a TDIU rating. The Board found that the effective date could not precede this date due to the permanent and total disability requirement.

The Board has remanded the Veteran's claims for bilateral glaucoma and BPPV due to insufficient medical opinions regarding their relationship to service. The Veteran contends his current conditions are related to in-service diagnoses and exposure, but the VA examiners did not adequately address these points.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's BPPV is related to his service-connected bilateral hearing loss.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The Board also found that the Veteran's vertigo and headaches are related to his in-service noise exposure, including from tinnitus.

The Veteran's appeal is remanded due to inadequate opinion regarding secondary service connection for headaches, vertigo, and bleeding from ear related to his fracture of the left zygomatic arch. The examiner must provide an addendum opinion addressing these symptoms.

The Veteran's appeals for various conditions and ratings have been dismissed due to his withdrawal of the appeals. Service connection has been granted for PTSD with a rating of 70 percent effective April 22, 2013.

The Veteran's balance problems, diagnosed as bilateral vestibular impairment, are due to the overdose of gentamicin/gentamycin administered by VA. The Board found that no informed consent process was documented for this treatment and thus resolved all reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to a lack of examination for Meniere's disease symptoms, and it is recommended that the Veteran be scheduled for an examination closer to his residence or using virtual services.

The Board dismissed the appeal because the appellant died during the pendency of the case.

The Board denied a request for an earlier effective date of May 17, 2017, for the increased rating of 30 percent for peripheral vestibular disorder. The Board found that it was not factually ascertainable that the Veteran's service-connected peripheral vestibular disorder had increased in severity prior to April 26, 2018.

The Board has granted service connection for hypertension and remanded several other issues including ear hearing loss, neck, upper back, lower back, bilateral knee, ankle arthritis, foot/toe disabilities, vertigo, Meniere's syndrome, obstructive sleep apnea (secondary to PTSD), and gastroesophageal reflux disease (GERD).

The Veteran's claim for service connection for hypertension has been reopened, but the Board finds that there is no evidence linking his current condition to service or a service-connected disability. The claims for service connection for colon cancer and vertigo are remanded for further development.,Service connection for colon cancer remains in dispute as the VA examiner did not provide an opinion regarding its etiology due to lack of review of a relevant medical article submitted by the Veteran.

The Veteran's claim for a higher rating for Meniere’s disease with vertigo, cerebellar gait, tinnitus, and impaired hearing was denied as the evidence did not show that his condition met or nearly approximated the criteria for a higher rating under Diagnostic Code 6205.

The Board has decided that the Veteran's claim for service connection for Meniere's disease as secondary to tinnitus should be remanded due to insufficient evidence and need for further examination.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's claimed bilateral foot condition and Meniere's syndrome.

The Veteran's claims for service connection and initial rating have been remanded due to the need for additional evidence, including updated medical records, personnel records, and verification of in-service events.

The Board denied the Veteran's claims for service connection for a sleep disability, dizziness, and headaches. The Board found that there was no evidence linking these conditions to his military service or any service-connected disabilities.,The Board also noted that the Veteran’s current diagnoses of obstructive sleep apnea, peripheral vertigo, and headache disorder were not related to his in-service complaints or treatment.

The Veteran's claim for sleep apnea is being remanded as the date of claim is not clear.,A 30% rating has been granted for migraine headaches, effective from September 4, 2018.

The Board has remanded the claim for service connection for vertigo due to inadequate medical opinion and failure to comply with previous remand directives.