Vertigo & vestibular disorders decisions — 2024

The Veteran withdrew his appeal regarding the ratings for PTSD, TBI with neurocognitive disorder and vertigo, and a right thumb scar. The Board dismissed the appeal as a result.

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.

The appeal to restore a 20 percent rating for bilateral hearing loss is granted. The appeals for service connection of migraines and BPPV are remanded.

The appeal for service connection of Meniere's disease is dismissed due to the Veteran's death.

The Veteran's right ear condition with dizziness is granted service connection. The claims for left ear, heart, chest pain, prostate, stomach, neck, back, hip, ankle, and foot conditions are denied.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and vertigo. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that the Veteran's BPPV is related to her in-service acoustic noise exposure and granted service connection for this condition.

The Veteran's claim for an earlier effective date for service connection for vertigo was denied. The Board granted a 30 percent initial disability rating for her vertigo, but denied entitlement to a higher initial disability rating or a compensable initial disability rating for migraines.

The Board has remanded the claims for service connection for hyperparathyroidism, insomnia, fibromyalgia, chronic kidney disease (CKD), and dizziness/vertigo due to inadequate rationale in the VA examination report. The Veteran's exposure to trichloroethylene during military service is recognized.

The Board has denied a higher rating for hypertension and remanded the issue of service connection for vertigo as secondary to hypertension.

The Veteran's claim for a 50 percent rating for PTSD and TBI with vertigo was granted, effective from August 27, 2020. The Board found that the earlier effective date is warranted based on the date of receipt of the claim.

The Board denied the Veteran's claims for service connection for BPPV, bilateral upper extremity pain of motion and flexion due to arthritic hands, and bilateral lower extremity pain of motion and flexion due to arthritic feet. The evidence did not support a finding that these conditions were related to active service or any other relevant factor.

The Veteran's claims for service connection for obstructive sleep apnea and vertigo are remanded due to the need for additional medical examinations, including a VA examination pursuant to the PACT Act. The Veteran is presumed to have been exposed to herbicide agents during his participation in a Toxic Exposure Risk Activity (TERA).

The Veteran's claim for an earlier effective date for the grant of service connection for vertigo was denied. A rating of 30 percent for vertigo prior to May 4, 2021 was granted.

The Veteran's claims for right leg nerve damage, TBI, migraines, and postural dizziness are being remanded due to pre-decisional duty to assist errors.,Specifically, the VA examinations and opinions need to be corrected to address the nature of the disabilities and their relationship to service.

The Veteran's vertigo is being remanded for a new medical opinion to determine if it is caused or aggravated by his service-connected hearing loss and tinnitus.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Board remands the claims for further development, including obtaining updated medical records and a new VA examination to assess the nature and etiology of the Veteran's claimed conditions.

The Board has determined that there were duty to assist errors in the initial decisions regarding bilateral hearing loss and dizziness/vertigo, and thus remands these claims for further development.

The Veteran's lumbosacral strain is not related to his service-connected right patellar fracture and bilateral plantar fasciitis with flat foot conditions.,The Veteran's vertigo is not related to his service-connected post-concussive syndrome.