Vertigo & vestibular disorders decisions — 2020

The Board has granted the reopening of previously denied claims for service connection for residuals of a head injury, headaches, vertigo and syncope, and neck condition. The claim for back condition remains denied.

The Board has remanded the claims for service connection due to a lack of evidence regarding the nexus between the claimed conditions and exposure to herbicide agents. The VA is required to obtain updated opinions from medical professionals.

The Board has decided to remand the case due to a need for an addendum opinion regarding the severity of the Veteran's Meniere's syndrome with tinnitus, vertigo, and right ear hearing loss.

The Veteran's claims for higher evaluations for bilateral hearing loss and tinnitus, as well as service connection for Meniere’s syndrome, are being remanded due to the need for additional development.

The Veteran's claims for increased ratings for various service-connected disabilities, including hearing loss, anxiety disorder, headaches, sleep apnea, shoulder strain, vertigo, back issues, sciatica, and nerve damage in the upper extremities, were denied. The Board found that there was no evidence of current disability for some conditions (e.g., left ear hearing loss) or insufficient symptoms to warrant higher ratings.

The Board has remanded the Veteran's claims for service connection due to exposure to herbicides and/or as secondary to a back injury or neuropathy. The claims include left lower extremity neuropathy, right lower extremity neuropathy, and vertigo (balance problems).

The Board denied the Veteran's surviving spouse's request for an earlier effective date of August 25, 2010 for her award of compensation based on the need for aid and attendance due to lack of exceptions in the governing laws and regulations allowing for such a decision. The appellant demonstrated her ability to contact VA to file both her original claim for death benefits in April 2003 and her pension eligibility verification report in August 2010.

The Veteran has withdrawn his appeal regarding all issues, including service connection for defective vision in the left eye, vertigo, syncope, and a compensable rating for bilateral hearing loss.

The Board denied the Veteran's claims for service connection for various conditions, including right eye ptosis, left lower extremity sciatica, diabetes mellitus, sleep disorder, residual disability from craniotomy, benign paroxysmal positional vertigo, heart block, paroxysmal atrial tachycardia, and premature ventricular contractions. The Board found that the original service connection decisions were clearly erroneous due to incorrect factual findings regarding the onset of these conditions.

The Board has reopened the claims for vertigo, hypertension, diabetes mellitus, type II, and residuals of a traumatic brain injury due to new and material evidence. The claims are remanded for further development.

The Board has determined that the claims for increased disability rating for vertigo, service connection for residuals of head trauma (claimed as concussion syndrome), and service connection for a disability manifested by memory loss must be remanded due to inadequate development.

The Board has dismissed the Veteran's appeal for an increased rating for benign paroxysmal positional vertigo (BPPV) as it is a final decision and no further review is afforded.

The Board has determined that further development is needed for the Veteran's claims of service connection for various disabilities, including shoulder and knee conditions, gout, vertigo, sleep apnea, and shrapnel wounds. The case is being remanded to obtain necessary medical opinions.

The Board has decided to remand the case due to insufficient information on whether the Veteran's vestibular disability is related to service, specifically his in-service acoustic trauma. Additional development and an addendum opinion are needed.

The Board has denied the Veteran's claims for service connection for erectile dysfunction, vertigo, acid reflux, right knee disability, and left knee disability due to lack of a diagnosed condition.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to an initial compensable evaluation for bilateral hearing loss and total disability rating based on individual unemployability based on service-connected disabilities (TDIU). Specifically, the AOJ must obtain the August 2017 audiogram results referenced in the Veteran’s statements and clarify if a performance intensity function test was performed during the May 2018 private audiological evaluation.

The Board has denied the Veteran's claim for service connection for sinusitis and remanded the issue of service connection for vertigo due to inadequate examination in the previous VA examination.

The Board has denied a compensable rating for the Veteran's service-connected bilateral hearing loss and remanded the issue of service connection for dizziness, claimed as vertigo. The decision is pending further development.

The Board denied the Veteran's claim for service connection for Meniere's disease, finding that it was not incurred or aggravated by service and is unrelated to his service-connected hearing loss and tinnitus.

The Veteran's appeal for increased ratings for bilateral hearing loss and a separate rating for peripheral vestibular disorder was denied. The Veteran currently receives a noncompensable rating for his bilateral hearing loss prior to May 30, 2017 and a 60 percent rating thereafter. A separate 10 percent rating is granted for the Veteran's peripheral vestibular disorder.