Vertigo & vestibular disorders decisions — 2021

The Board has remanded the Veteran's claims for service connection due to a lack of VA treatment records and potential police reports. The Veteran is required to provide information about any private treatment she received, including physical therapy for her back from Pivot, and authorize VA to obtain these records.

The Veteran's TDIU claim is granted as of July 17, 2015 on an extra-schedular basis due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has denied service connection for tinnitus due to lack of evidence linking the condition to service. The Veteran's acquired psychiatric disorder, PTSD, is remanded as there are conflicting opinions regarding its onset and relationship to service. Service connection for a neck disability and headaches is also remanded. Service connection for vertigo remains in dispute.

The Board has granted the Veteran's requests to reopen his claims for service connection for sleep apnea and back problems. The remaining issues have been remanded due to lack of complete STRs, need for updated VA treatment records, and need for additional medical examinations.

The Veteran's claim for service connection for chronic vertigo is granted as the evidence supports a finding that his current condition is related to his active military service.

The Veteran's claim for service connection for Meniere's disease has been granted. The secondary service connection claim for an acquired psychiatric disorder is being remanded due to the need for further development.

The Board has remanded the claims for diabetes mellitus, type II, heart condition, and vertigo as secondary to service-connected acquired psychiatric disability.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to February 1, 2016. The Board denied the claim for TDIU on both schedular and extraschedular grounds.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, and vertigo due to potential issues with audiometric testing results, conflicting medical opinions, and a need for additional VA treatment records. The claims will be adjudicated again after these matters are addressed.

The Board has reopened the Veteran's claims of service connection for various conditions, but has found that remand is required to obtain new VA examinations and medical opinions regarding the etiology and current diagnoses of these conditions.

The Board has vacated the February 2018 decision on several service connection claims due to a misinterpretation of the line of duty determination. The claims are now remanded for further development, including obtaining missing service treatment records and scheduling VA examinations.

The Board has denied the Veteran's claims for service connection for asbestosis of the left lung lobe and vertigo, including as secondary to service-connected tinnitus. The evidence does not support a diagnosis of these conditions related to military service.

The Veteran's neurocognitive disorder with unspecified anxiety disorder is rated at 70 percent, effective March 11, 2017. The rating for tension headaches prior to December 5, 2020 remains denied. A 50% rating is granted for migraine headaches from December 5, 2020. The residuals of closed head injury with occipital fracture are rated at 40 percent, effective October 23, 2008 to March 11, 2017. The post-concussive syndrome with anxiety and depression associated with peripheral vestibular disorder is rated at 30 percent, effective August 11, 2004 to March 11, 2017. The peripheral vestibular disorder is rated at 10 percent from December 5, 2020.

The Veteran's unspecified headaches have not been manifested by characteristic prostrating attacks averaging once every two months, and thus an initial compensable rating is denied.,Benign paroxysmal positional vertigo as a residual of TBI has been manifested by occasional dizziness since January 15, 2016, and a separate 10 percent disability rating is granted effective from that date.,The residuals of TBI, to include insomnia, have not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.,The Veteran's insomnia has not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.

The Veteran is granted an effective date of July 28, 2017 for entitlement to SMC under 38 U.S.C. § 1114(p) at the rate intermediate between subsections (l) and (m). This decision also grants an effective date of December 2, 2010 for SMC based on need for regular A&A.,The Veteran's service-connected disabilities include PTSD, Meniere's Syndrome, prostate cancer, and adenocarcinoma of the lungs. The Board found that his need for regular A&A was established from December 2, 2010.

The Board has denied the Veteran's claims of service connection for vertigo and pseudoseizure disorders, finding that there is no current disability or evidence of a nexus to military service.

The Board has decided to remand several issues related to the Veteran's service-connected conditions, including her migraines, right knee and left knee disabilities, vertigo, and right hip disability. The effective dates for benefits are not addressed in this decision.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities prior to April 8, 2014. The Board found that the Veteran's service-connected conditions rendered him unable to secure and follow a substantially gainful occupation.

The Board has determined that additional VA medical opinions are needed to address the etiology of the Veteran's seizure disorder, vertigo, COPD, and osteoporosis. The claims for these conditions are being remanded.

The Board has decided to remand the Veteran's claims for Meniere's Syndrome and left ear hearing loss, as they need further examination and opinion regarding their etiology.