Vertigo & vestibular disorders decisions — 2021

The Board has decided that the Veteran's competency for VA benefits purposes should be restored. The claim of service connection for Meniere's disease, including as secondary to vertigo, is remanded due to a lack of medical opinion regarding the diagnosis and etiology.

The Board has granted a 100% rating for the Veteran's ear disability encompassing hearing impairment and vertigo, effective April 7, 2021. The separate rating for bilateral hearing loss is discontinued from the same date.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to her service. The case is being remanded for further action.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Board has determined that the VA examinations and opinions are not in substantial compliance with the December 2018 remand directives. Therefore, these matters are being returned to the AOJ for further development.

The Board has remanded the Veteran's claim for an ear disorder, including as secondary to service-connected bilateral hearing loss, due to a need for further examination and opinion regarding the etiology of his diagnosed peripheral vestibular disorder.

The Board has denied service connection for cysts, urinary obstruction (other than prostate cancer), vertigo, and muscle pain/joint swelling pain. The claims for right eye disorder and left eye disorder are remanded due to the need for additional medical opinions regarding their etiology.

The Board has remanded the claims for vertigo, bilateral hearing loss, and tinnitus due to pre-decisional duty to assist errors.

The Board denied service connection for obstructive sleep apnea and granted a 30% rating for Meniere's disease prior to August 16, 2021.

The Veteran was granted a 10% disability rating for his acquired psychiatric disability prior to September 26, 2013. From that date, he received a 50% disability rating.,He also received entitlement to TDIU based on service-connected disabilities.

The Veteran's claim for service connection for an acquired psychiatric disability, to include depression, was dismissed as the issue has been fully granted. The claims of service connection for a vestibular condition, including tinnitus and secondary to service-connected left knee disabilities; lumbar spine degenerative disc disease (DDD), secondary to service-connected left knee disabilities; and right knee disability, secondary to service-connected left knee disabilities are remanded.

The Board has remanded the case due to insufficient opinions regarding whether vertigo started during service and if it is related to service. Additional development, including obtaining VA treatment records and scheduling an examination, is needed.

The Board has denied the Veteran's claims for service connection for benign paroxysmal positional vertigo (BPPV), obstructive sleep apnea (OSA), and skin cancer, as there is no evidence to support a link between these conditions and his military service or any service-connected disabilities.,Specifically, the Board found that BPPV and OSA are not related to his military service or any service-connected disabilities. The Veteran's skin cancer was also denied because it did not begin during active service.

The Board has remanded the claims for service connection for sleep apnea, hypertension, and vertigo as they are inextricably intertwined with the issue of service connection for sleep apnea. The Veteran is to be scheduled for VA examinations to determine if his conditions are related to service or secondary to sleep apnea.

The Veteran's appeals for service connection for benign paroxysmal positional vertigo, increased ratings for a kidney disability, residuals of a CVA, bilateral hearing loss disability, and diabetes have been dismissed. A rating in excess of 60 percent for CAD has been granted from December 4, 2019 to April 1, 2020.

The Board has remanded the case due to the need for additional evidence regarding the Veteran's bilateral hearing loss, specifically audiometric test results from March 18, 2015, May 23, 2015, and October 28, 2015. The Veteran also needs clarification on the type of speech recognition tests used during these evaluations.

The Veteran's bilateral hearing loss with tinnitus and Meniere's disease is granted a disability rating of 60 percent, effective prior to June 13, 2020. The claim for TDIU is granted as of July 22, 2007. New and material evidence has been received to reopen the claim for service connection for bilateral ruptured eardrums.

The appeal for an earlier effective date for a rating of 10% for vertigo disorder is dismissed due to the appellant's death.

The Board has remanded the Veteran's claims for service connection due to incomplete development regarding his exposure to hazardous substances at Fort McClellan, Alabama. The claims will be further developed and readjudicated.

The Veteran's claims for service connection for vertigo and right ear otalgia have been denied due to lack of evidence linking these conditions to his military service.,The Veteran's claim for a rating in excess of 70 percent for an acquired psychiatric disorder has also been denied as the symptoms do not meet the criteria for a higher disability rating.