Vertigo & vestibular disorders decisions — 2023

The Veteran's TBI residuals are rated at a 10 percent disability rating, and his peripheral vestibular disorder associated with TBI residuals is also rated at a 10 percent disability rating. The matter of entitlement to a total disability rating based on individual unemployability (TDIU) has been dismissed as moot.

The Board has granted a TDIU as of April 12, 2021, due to the Veteran's service-connected vertigo, hearing loss, and tinnitus which render him unable to secure or maintain substantially gainful employment.

The Board has remanded the claim for another examination to assess the current severity of the Veteran's lumbar spine disability and to secure opinions addressing the combined effects of all service-connected disabilities on his occupational functioning. The AOJ must also obtain private treatment records and secure TDIU-related opinions from an appropriate clinician.

The Veteran's bilateral hearing loss is rated as noncompensable, but a separate 30 percent rating for his vertigo symptoms has been granted.

The Veteran's PTSD is granted with an initial rating of 70 percent effective June 9, 2018. Other conditions are also granted.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The case must be remanded for development in accordance with special development procedures as defined by VA regulations.

The Veteran's claims for service connection on multiple conditions are being remanded due to the need for additional medical opinions and development of records.

The Veteran's tinnitus is granted service connection. The Board has remanded the remaining issues due to outstanding records and additional medical opinions are required.

The Board has remanded the service connection claim for imbalance, which is claimed as secondary to service-connected tinnitus or hearing loss. The TDIU issue is also being remanded due to its inextricability with the service connection claim.

The Veteran's claims of service connection for various conditions, including skin conditions, recurrent headaches, dizziness and vertigo, bilateral lower extremity neuropathy, fatigue syndrome, gastrointestinal disorder, and erectile dysfunction have been dismissed as the Veteran withdrew his appeals. The claim for a rating in excess of 50 percent for PTSD prior to March 26, 2019 was also dismissed.

Service connection for heart condition, left upper extremity neuropathy, right upper extremity neuropathy, and neuropathy in the left and right feet is denied.,Service connection for right rotator cuff tendonitis, rheumatoid arthritis, and vertigo is remanded.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, and thus remands the case for further action.

The Veteran's hypothyroidism and imbalance issues, including vertigo and peripheral neuropathy, are granted as service connected due to presumed exposure to herbicide agents in Vietnam.

The Board has determined that the Veteran's benign paroxysmal positional vertigo is related to his exposure to acoustic trauma during service, and thus grants service connection for this condition.

The Board denied service connection for the Veteran's back disability, right knee disability, and left knee disability. The case was remanded to obtain additional medical records.,Service connection for vertigo was not addressed in this decision.

The Veteran's claims for service connection for vertigo and fatigue are granted, both related to his service-connected myelodysplastic syndrome. His claim for a compensable rating for MDS is denied.

The Board has dismissed the appeals for service connection for ear disability/vertigo and headaches as these claims have been granted.,Service connection is granted for lumbar spine degenerative disc disease and strain, but the Veteran's sinusitis was denied.

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful occupation prior to June 1, 2020.

The Veteran's claims for increased disability rating and TDIU are remanded due to the need for updated VA treatment records and a new VA examination.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied as there is no legal basis for such.,Service connection for gum disease was denied because it does not constitute a compensable disability for VA compensation purposes.,Claims for total disability ratings due to hospital treatment or observation and convalescence have been denied due to lack of evidence supporting the required periods of hospitalization or convalescence.,Spousal aid and attendance prior to October 22, 2018 was denied as there is no evidence that the Veteran's ex-spouse needed regular aid and attendance.,Service connection for peripheral vestibular disease (PVD) has been remanded due to a conclusory opinion from the VA examiner.,Claims for bilateral hearing loss have been remanded as the Veteran alleges worsening since his last examination in October 2017.,Claims for various ankle, elbow, hip, knee, and shoulder conditions have all been remanded.