Vertigo & vestibular disorders decisions — 2022

The Board has determined that there was a pre-decisional duty-to-assist error due to untranslated records, and the claims for service connection are remanded for readjudication based on the complete record.

The Board has remanded the Veteran's claims of service connection for dizziness including Meniere's disease, a low to mid back disability, and a left elbow disability due to errors in the VA examinations and failure to obtain necessary medical opinions.

The Board has decided to remand the case due to a duty to assist error regarding service connection for vertigo, which may be related to other service-connected disabilities. The Veteran's claim will need further examination and opinion.

The Board has remanded the Veteran's claims for right-ear hearing loss, a neurological disorder (claimed as a seizure disorder and epilepsy), an acquired psychiatric disorder, and vertigo due to internal inconsistencies in the medical opinion regarding the aggravation of his pre-existing right-ear hearing loss during service.

The Veteran's Meniere's disease, including vertigo, is due to his military service and the Board has granted service connection for this condition.

The Veteran's post-concussive headaches with dizziness have been rated at 50 percent since July 19, 2014 and the Veteran is granted a higher rating for this condition.,PTSD, to include depressive disorder, recurrent, with TBI to include neurocognitive disorder has not met the criteria for a 100 percent rating.

The Board has denied the Veteran's claims for service connection for vertigo, tinnitus, an acquired psychiatric disorder (including PTSD), and chronic fatigue syndrome due to a lack of evidence linking these conditions to his military service.

The Board has remanded the case due to an error in explaining why a higher rating was not warranted for Meniere's disease under VA regulations.

The Board has remanded the case due to unclear evidence regarding whether the Veteran's symptoms cause a functional impairment on earning capacity, and if so, whether they are related to service or caused by a service-connected disability.

The Board denied the Veteran's claims for effective dates prior to January 27, 2020 for service connection of residuals of traumatic brain injury with vertigo, tinnitus as residual of TBI, bilateral hearing loss, and migraine headaches. The evidence did not support a claim filed before January 27, 2020.

The Veteran withdrew their appeal for restoring separate disability ratings for PTSD, TBI, and vertigo before the Board made a decision.

The Board has decided to remand the Veteran's claims for service connection for vertigo and headaches due to a lack of examination. The Veteran is required to provide a new VA examination.

The Veteran's claim for service connection for vertigo, bilateral hearing loss, and essential hypertension is denied. The Veteran's tinnitus claim results in a denial of a disability rating in excess of 10 percent.,Service connection cannot be established as there is no current diagnosis or evidence of vertigo, bilateral hearing loss, or essential hypertension during the appeal period. The Veteran's tinnitus claim is also denied as his disability does not meet the criteria for a higher rating.

The Veteran's TBI and gait coordination balance with dizziness and vertigo have been granted a disability rating, but the claim for higher ratings is denied. Service connection for bilateral hearing loss has also been denied.

The Veteran's service-connected disabilities, including PTSD, tinnitus, bilateral hearing loss, and vertigo, rendered him unable to secure or follow a substantially gainful occupation as of November 7, 2006. The Board granted a TDIU on an extra-schedular basis.

The Veteran's service-connected conditions do not meet the criteria for a higher level of SMC based on need for aid and attendance, as he is already receiving SMC at the (l) rate.

The Veteran's claims for service connection for vertigo and a sleeping disorder, both claimed as secondary to his service-connected tinnitus, are remanded due to the need for additional medical examination.

The Veteran's diabetes mellitus, type II is not secondary to his service-connected acquired psychiatric disability.,The Veteran's vision disability is not secondary to his service-connected acquired psychiatric disability and/or claimed diabetes mellitus, type II.,The Veteran's heart condition is not secondary to his service-connected acquired psychiatric disability and/or claimed diabetes mellitus, type II.,The Veteran's vertigo is not a stand-alone disability and is not secondary to his service-connected acquired psychiatric disability and/or claimed diabetes mellitus, type II.

The Veteran's hypertension is granted as a result of herbicide exposure. The claims for vertigo, asbestosis, diabetes mellitus, type II, and arthritis are denied.

The Board has decided that the Veteran's vertigo may be related to his service-connected hearing loss and/or tinnitus, but a medical opinion is needed to determine if this relationship exists.