Vertigo & vestibular disorders decisions — 2023

The Veteran's initial claim for Meniere's syndrome was granted with a 60 percent rating from October 1, 2015 to February 29, 2021. From February 30, 2021 to July 23, 2023, the Veteran received a 100 percent rating for Meniere's syndrome with tinnitus, bilateral hearing loss and otitis media.,The Board also granted SMC based on the need for regular aid and attendance from February 30, 2021.

The Veteran's claim for service connection for a skin disability, psychiatric disability (other specified trauma or stressor related disorder), chronic neck disability, chronic back disability, IBS, and vertigo is granted. The claims for service connection for the neck and back disabilities are remanded.

The Veteran's claim for an earlier effective date for the 50 percent rating of sinusitis is denied. The Board found that there was no evidence to support a factually ascertainable increase in disability within one year prior to her ITF, and thus, she is not entitled to an earlier effective date.

The Veteran's application to reopen his claim for service connection of Meniere's disease was denied. The Board also remanded the issue of service connection for asthma due to exposure to poor quality air during service.

The Board has remanded the Veteran's claims for peripheral vestibular disorder and hypertension due to conflicting medical opinions and lack of sufficient evidence. The Veteran is seeking service connection for these conditions, which may be related to his in-service ear infection or obesity as an intermediate step to his service-connected lower extremity disorder.

The Board has remanded the claims for service connection for a vestibular disorder, right foot disorder, and left foot disorder due to insufficient evidence in previous VA opinions. The Veteran's statements regarding symptom onset will be considered along with medical records.

The Board denied service connection for vertigo and denied initial evaluations in excess of 10 percent for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right lower extremity radiculopathy. The appeal of sleep apnea was dismissed.

The Board has remanded the claim for service connection of vertigo, as secondary to service-connected tinnitus. The case is being returned for an addendum VA medical opinion and further development.

The Veteran's Meniere's disease and migraine headaches have been granted increased ratings, with the highest possible rating of 100 percent for each condition.

The Board has dismissed the appeals for service connection of vertigo and chronic fatigue syndrome due to the Veteran's death.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to insufficient opinions regarding his vertigo and neurocognitive disorder, as well as a lack of addressing other relevant diagnoses in the record.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on appeal, including scheduling VA examinations for the Veteran's lumbar spine disability, bilateral feet disability, vertigo, and fatigue.

The Veteran's symptoms of dizziness and vertigo, including benign paroxysmal positional vertigo (BPPV) and Meniere's syndrome, are found to be etiologically related to service. The Board finds reasonable doubt in favor of the Veteran and grants service connection for these conditions.

The Veteran's tinnitus was granted service connection. The claims for Meniere's syndrome and right ear hearing loss are remanded.

The Veteran's claim for service connection for chronic fatigue syndrome has been reopened due to the submission of new and material evidence.,Other claims, including those related to vertigo, GERD, skin rash, muscle and joint pain, fibromyalgia, and neurological condition, are being remanded for further evaluation.

The Board has remanded the case due to a duty-to-assist error, requiring an addendum opinion from a VA doctor regarding whether the Veteran's conditions are related to the September 21, 2018, VA audiological evaluation.

The Veteran's headache disability is granted as service connected. The issues of dizziness and Meniere's disease are remanded for further examination and opinion. The issue of an acquired psychiatric disability (to include anxiety or depression) is also remanded.

The Veteran's TBI, BPPV, and migraine and sinus headaches have been granted increased ratings. Service connection for OSA has also been remanded.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the need for a VA medical opinion on whether the Veteran's vertigo is caused or aggravated by his service-connected hearing loss and tinnitus.

The Board has denied service connection for various conditions, including right and left shoulder disabilities, elbow/arm disability, wrist disabilities, knee disabilities with shin splints, low back disability, neuropathy of the lower extremities, cold weather injury residuals, sleep apnea, TBI, and vertigo. The appeals are based on a direct relationship to service without any presumption or secondary connection.