Vertigo & vestibular disorders decisions — 2024

The Board denied an earlier effective date for the award of service connection for residuals of a head injury with vertigo and depressive disorder, as well as associated migraine disability. The earliest possible effective date is November 11, 2019.

The Veteran's claim for an increased rating for Meniere's disease was denied by the Board, and a 100% disability rating has been assigned since March 7, 2019. The effective date prior to March 7, 2019 is denied as there is no evidence of a factually ascertainable increase in symptoms.

The Board has remanded the Veteran's claims for service connection for TBI, brain surgery, bilateral upper and lower extremity weakness and incoordination, dysphagia, anosmia, and vertigo due to insufficient evidence or opinions provided by VA examiners.

The Veteran's vertigo is rated at a 10 percent rating, effective from the date of his claim.,The Veteran's TDIU application was denied as he did not meet the criteria for a TDIU under VA regulations.

The Veteran's service-connected disabilities, including her back disability and depression, have rendered her unable to secure or follow substantially gainful employment since April 1, 2015. Effective from April 1, 2015, the Veteran is granted TDIU and DEA benefits.

The Board has decided that the Veteran's vertigo and obstructive sleep apnea are not secondary to his service-connected tinnitus, but new medical opinions are needed to determine if they were aggravated by it.

The Veteran's service-connected Meniere's Disease renders him in need of regular aid and attendance due to his inability to dress, undress, prepare food, move around safely, and communicate effectively. The Board granted special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's combination of service-connected disabilities, including major depressive disorder with PTSD, obstructive sleep apnea, irritable bowel syndrome, and multiple orthopedic conditions, prevents him from securing or following substantially gainful employment. Effective January 23, 2019, he is granted a TDIU rating.

The Veteran's claim for an earlier effective date for the grant of service connection for endolymphatic hydrops (vertigo) with tinnitus and sensorineural deafness of the left ear was denied.,The Board also remanded the issue of whether there was CUE in the March 10, 1995 rating decision that denied service connection for vertigo.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's vestibular condition, including Meniere's disease, is related to service. The VA examiner was not able to provide a clear opinion on this issue.

The Board has denied service connection for migraines, vertigo, and bilateral lower extremity radiculopathy as there is no persuasive evidence to support these claims.

The Board has granted service connection for Meniere's disease and found in favor of the Veteran. The issue of an earlier effective date for TDIU prior to December 14, 2020 is being remanded.

The Veteran's claims for service connection for a low back disability and an earlier effective date for the 30% rating for BPPV were denied. The Board found no new and relevant evidence to warrant readjudication of the low back disability claim, and determined that the earliest date as of which it is factually ascertainable that an increase in disability has occurred was August 11, 2020.

The Veteran's claims for service connection for BPH and vertigo, including as secondary to herbicide exposure, are being remanded due to inadequate prior medical opinions. Additional records will be obtained and new opinions provided.

The Veteran's claim for service connection for Meniere's disease is remanded due to inadequate examination and the need for a toxic exposure risk activity (TERA) opinion. The Board also notes that the Veteran served in Southwest Asia during the Gulf War, which triggers a presumption of exposure.

The Veteran's service connection for dizzy spells, as secondary to bilateral hearing loss and tinnitus, is granted. The claim for a TDIU is remanded.

The Veteran's PTSD is now rated at 100 percent effective June 5, 2015. Service connection for iliohypogastric nerve injury (claimed as nerve damage to the stomach) and diabetes mellitus are granted. The claims for service connection for vertigo, gastrointestinal disability, neurological disorder, and asthma are remanded.

The Veteran's initial compensable evaluation for hypertension is denied, and his entitlement to an initial evaluation in excess of 10 percent for dizziness/Meniere's disease is remanded.

The Veteran's claims for service connection for sleep apnea, erectile dysfunction, hearing loss and tinnitus are being remanded due to insufficient evidence. The Board will seek clarification on the etiology of these conditions.

The Veteran's vertigo and tinnitus have been granted service connection, with the effective date for tinnitus being October 29, 2020.