Vertigo & vestibular disorders decisions — 2023

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Board has denied a compensable evaluation for bilateral hearing loss and remanded the service connection claim for a peripheral vestibular disorder. The case is now pending with instructions to obtain an addendum opinion regarding whether the Veteran's balance issues are secondary to his tinnitus.

The Veteran's increased rating claims for vertigo, brain hemorrhage with residual headache associated with TBI, and residuals of TBI have been denied. The Board found that the evidence did not support a higher than 10 percent rating for any condition.,Specifically, the Board determined that the Veteran’s symptoms were more consistent with occasional dizziness rather than staggering or other forms of impairment.

The Veteran's Chiari malformation, migraine headaches, dizziness and vertigo, bilateral lower extremity sciatica-like paresthesias (claimed as sciatica), right bundle branch block, and right-hand arthritis are all granted service connection.

The Board has remanded the case due to pre-decisional duty-to-assist errors and will provide an addendum opinion regarding whether the Veteran's vertigo is at least as likely as not related to his service-connected bilateral hearing loss and/or tinnitus.

The Veteran's claims for service connection for TBI residuals, migraine headaches, PTSD with depression, and pansinusitis including headaches have been granted. The Veteran is also awarded a 50% rating for his pansinusitis condition since September 16, 2014.

The Veteran's service-connected disabilities, including perilymphatic fistula, unspecified depressive disorder, tinnitus, and Meniere's syndrome, have precluded her from securing and following substantially gainful employment prior to August 23, 2019. The Board has granted a TDIU on an extraschedular basis due to the combined effect of these disabilities.

The Board has remanded the claims for bilateral hearing loss, vertigo, and TDIU due to insufficient development of evidence. The Veteran's claim for a compensable disability rating for bilateral hearing loss requires an SSOC after additional VA examination reports were added to her file without issuance of a new SSOC. Her claim for service connection for vertigo needs a corrective opinion addressing whether it is aggravated by her service-connected bilateral hearing loss and if related to TERA exposure. The TDIU appeal must be remanded pending the development on other claims.

The Veteran's claim for an earlier effective date for service connection of Peripheral Vestibular Disorder was granted, with the effective date set at April 26, 2019.

The Veteran's claim for service connection for Meniere's Disease is granted. The appeal for an increased rating for benign paroxysmal vertigo is denied as the maximum schedular rating has already been assigned.

The Veteran's claim for service connection for Meniere's disease is being remanded due to the need for additional medical opinions and consideration of toxic exposure risk activities (TERAs).

The Veteran's claim for an earlier effective date of service connection for tinnitus is dismissed as the Veteran withdrew his appeal.,The Veteran's bilateral hearing loss does not meet the criteria for a rating in excess of 30 percent under VA regulations.,There is no evidence to support service connection for memory loss as a physical disorder, and there is no indication that Crohn's disease existed prior to active duty military service.,Service connection cannot be granted for an acoustic neuroma or vestibular schwannoma of the left side due to lack of nexus between the condition and military service. The Veteran's regional ileitis/Crohn's disease was not aggravated by such service.,The Veteran does not have evidence that his Crohn's disease existed prior to active duty military service, nor is there any indication that it was aggravated by such service.,Service connection for an acquired psychiatric disorder (including PTSD) and multiple spinal cord neuromas are being remanded due to insufficient evidence.,Service connection cannot be granted for multiple spinal cord neuromas as the Veteran did not provide new and material evidence.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss, service connection for vertigo and an acquired psychiatric disorder (including PTSD, anxiety, depression, depressive disorder with pure dysthymic syndrome and severe anxious distress), and service connection for obstructive sleep apnea due to inadequate evidence or need for further development.

The Veteran's claims for higher ratings on multiple service-connected conditions, including right knee disorders, PTSD, migraines, and TBI with vertigo, are being remanded due to the need for additional medical records.

The claim for service connection for Meniere's disease as secondary to service-connected otosclerosis has been granted. The claim for residuals of a left foot fracture is being remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and procedural errors. The claims will be reconsidered with new examinations.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.

The Board has determined that there were errors in the duty to assist and remands the cases for further development.

The Veteran's ED and sleep apnea were not manifest during service, and are not otherwise etiologically related to such service.,The Veteran's right and left knee disabilities may be secondary to his service-connected bilateral pes planus (flat feet) and nonservice-connected right and left lower extremity calf strain. The Board finds that an addendum VA medical opinion is warranted.

The Board has dismissed the appeals for a compensable rating for bilateral hearing loss and asbestosis, and has remanded the issue of service connection for Meniere's Disease.