Vertigo & vestibular disorders decisions — 2020

The Veteran's claims for service connection were dismissed due to the death of the appellant. The Board has no jurisdiction to adjudicate these appeals as they have become moot.

The Board has granted the Veteran's claim for service connection for vestibular migraines, finding that his current condition is related to in-service anthrax vaccinations.

The Veteran's claim for PTSD was withdrawn. His claims for vertigo and right-sided paralysis were denied, while his SSD claim was granted with a rating of 70%. The case is remanded for further review of the IBS claim.

The Board denied an extraschedular rating for left ear hearing loss, finding that the established schedular criteria adequately describe the severity and symptoms of the disability. The Veteran's vertigo was not found to be caused or aggravated by his service-connected left ear hearing loss.

The Veteran's service connection claims for chronic fatigue syndrome, fibromyalgia, heart condition, hypertension, right arm shaking (Gulf War Syndrome), left arm shaking (Gulf War Syndrome), dizziness, pain/tenderness on jaw, cheek bones and forehead (myalgia), headaches, sinusitis, non-allergic vasomotor rhinitis, PTSD with associated depression and anxiety, right shoulder pain, left shoulder pain, trochanteric pain syndrome of the right hip, trochanteric pain syndrome of the left hip, degenerative arthritis of the right knee, degenerative arthritis of the left knee, degenerative arthritis of the right ankle with ankle strain and calcaneal spur, left ankle strain, cervical spondylosis, lumbosacral strain, erectile dysfunction (Gulf War Syndrome), and tonsillitis have all been denied.,The Veteran's service connection claims for chronic fatigue syndrome, fibromyalgia, heart condition, hypertension, right arm shaking (Gulf War Syndrome), left arm shaking (Gulf War Syndrome), dizziness, pain/tenderness on jaw, cheek bones and forehead (myalgia), headaches, sinusitis, non-allergic vasomotor rhinitis, PTSD with associated depression and anxiety, right shoulder pain, left shoulder pain, trochanteric pain syndrome of the right hip, trochanteric pain syndrome of the left hip, degenerative arthritis of the right knee, degenerative arthritis of the left knee, degenerative arthritis of the right ankle with ankle strain and calcaneal spur, left ankle strain, cervical spondylosis, lumbosacral strain, erectile dysfunction (Gulf War Syndrome), and tonsillitis have all been denied.

The Veteran's headaches and Meniere's disease have been granted initial ratings. The case is REMANDED for a VA examination to determine the etiology of his obstructive sleep apnea.

The Board has granted service connection for tinnitus. The remaining claims of reopening and service connection are remanded.

The Veteran's service-connected conditions do not render him unable to secure and maintain substantially gainful employment, as his hearing loss, tinnitus, and Meniere’s disease did not prevent him from working as an attorney.

The Veteran's bilateral hearing loss and other service-connected conditions do not meet the criteria for a higher rating or TDIU.

The Board has remanded the claims of service connection for vertigo and TDIU due to insufficient medical opinions addressing direct service connection, secondary service connection, and the relationship between hearing loss and vertigo. The appellant is requested to provide additional information and evidence.

The Board has remanded the Veteran's claims for effective dates and service connection due to issues related to Usher Syndrome, hearing impairment with vertigo, retinitis pigmentosa, and SMC based on loss of use of vision and hearing. The Veteran is seeking clarification on whether a separate rating for Usher Syndrome should be granted.

The Board denied the Veteran's claim for service connection for Meniere’s disease, finding no evidence of the condition during or after service and concluding that it is not related to any in-service event.

The Veteran's claim for service connection for vertigo has been reopened, but the Board finds new and material evidence not received. The claim of service connection for cervical spinal stenosis is granted as it is proximately due to a service-connected lumbar spine disability.,The effective date for TDIU remains pending as the Veteran's claim for service connection for vertigo has been remanded, and the rating for cervical stenosis will be assigned after the grant of service connection.

The Board has denied service connection for right and left hand disorders, but granted the reopening of these claims. Service connection was also denied for Meniere’s syndrome with vertigo.

The Veteran's vertigo was not incurred in service and is not related to a service-connected disability, leading to the denial of both direct and secondary service connection claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's vertigo and Meniere’s disease are related to service. The Veteran must be provided with a VA examination to determine if he has these conditions, and if so, whether they are related to his in-service experiences.

The Board has remanded the issues of entitlement to higher schedular evaluations for bilateral hearing loss and total disability based on individual unemployability (TDIU) due to inextricably intertwined issues. The case is also remanded for an examination to determine whether the Veteran has a diagnosis of vertigo, which may be related to his service-connected bilateral hearing loss.

The Veteran's petition to reopen his claims for service connection for bilateral hearing loss and vertigo was granted. The Veteran's claim of service connection for vertigo is remanded due to the need for additional development, including obtaining VA treatment records and a medical opinion.

The Board denied service connection for Peripheral Vestibular Disorder due to a lack of evidence linking the current condition to active duty service.

The Board has denied a rating for compressive neuropathy of the left suprascapular nerve in excess of 20 percent prior to April 26, 2012 and in excess of 40 percent thereafter. The claims for service connection for bilateral hearing loss, peripheral vestibular disorder, and sleep apnea are remanded due to insufficient evidence. The TDIU claim is also remanded as it is intertwined with the other service connection claims.