Vertigo & vestibular disorders decisions — 2024

The Board remands the claims for service connection for loss of eyesight, a mental disorder, balance issue, and shaking uncontrollably to correct duty to assist errors.

The Veteran's erectile dysfunction was granted service connection as directly related to military service.,Service connection for obstructive sleep apnea was denied due to lack of a causal relationship with the Veteran's service-connected major depressive disorder or tinnitus.,Service connection for gastroesophageal reflux disease (GERD) was denied because there is no evidence linking GERD to the Veteran's service-connected major depressive disorder.,Service connection for vertigo was denied as there is no established link between the Veteran's service-connected tinnitus and his vertigo.

The Board denied service connection for vertigo, obstructive sleep apnea as secondary to MDD and anxiety disorder, and left eye disability.,There is no evidence of a current disability manifested by vertigo. The Veteran's allegations are not credible.

The Board denied the Veteran's claims for service connection for vertigo and granted service connection for tinnitus. The decision did not address issues related to PTSD, TDIU, or other disabilities.

The Veteran's service-connected disabilities did not render him unemployable prior to December 3, 2019. The Board found that the Veteran had a high rating for his Meniere's disease and sleep apnea but was capable of performing employment duties.

The Board dismissed the appeals for service connection for various conditions, including migraines, urinary dysfunction, and knee and spine issues, due to an impermissible concurrent election under 38 C.F.R. § 3.2500(b).

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the left lower extremity, right upper extremity, and left upper extremity. The claim for service connection for peripheral neuropathy of the right lower extremity and Meniere's Disease is remanded.

The Veteran's claims of increased disability evaluations for tinnitus and vertigo are remanded due to a duty to assist error. The AOJ must obtain the Veteran's VA treatment records related to his service-connected conditions during the appeal period.

The Veteran's disability rating for vestibular schwannoma is denied as it is already at the maximum schedular rating.

The Veteran's migraine headaches are currently rated at 30 percent, but no higher. The Board denied a rating in excess of 30 percent due to the frequency and severity of his prostrating attacks.,From December 14, 2019, to March 16, 2021, the Veteran's BPPV was rated at 30 percent. The Board granted this rating but denied a higher rating after March 17, 2021.

The Board has determined that new and relevant evidence has not been received to warrant readjudication of the Veteran's claim for service connection for bilateral hearing loss. The claims of service connection for degenerative arthritis of the cervical spine, spinal cord tumors, anxiety, and otogenic vertigo are remanded due to a pre-decisional duty to assist error.

The Board has remanded the case for a new VA examination to determine the nature and etiology of the claimed vertigo disorder, including whether it is related to service or aggravated by service-connected disabilities.

The Veteran's request for restoration of a 40 percent disability rating for TBI with vertigo central origin is granted. The issue of service connection for COPD secondary to TBI is denied, and the claim for sleep apnea is dismissed due to untimely filing.

The Board has remanded the case due to new evidence and for further development, including obtaining service treatment records and private medical records. The issues of whether the appellant's character of discharge is a bar to VA benefits and his claims for service connection are not yet fully adjudicated.

The Board has decided to remand the claims of service connection for vertigo and chronic constipation due to a duty-to-assist error. The Veteran's vertigo and chronic constipation are not found to be caused by his service-connected disabilities, but there is insufficient evidence on whether they have been aggravated by these conditions.

The Board has decided to remand the case due to a failure to obtain service treatment records for the Veteran's additional period of service in the United States Marine Corps Reserve. The claim will be reconsidered after obtaining these records.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, specifically regarding examinations and opinions related to his claimed conditions.

The Board dismissed the claim for service connection for hypertension as a matter of law, denied an initial compensable rating for bilateral hearing loss, and remanded claims for service connection for various conditions including a lumbar spine disorder, bilateral plantar fasciitis, vertigo, sleep apnea, skin cancer, and an acquired psychiatric disorder.

The Veteran's claims for service connection for sleep apnea, right ear hearing loss, and vertigo have been denied. The claim for sleep apnea is denied as there is no evidence of a current disability during or proximate to the appeal period.,Right ear hearing loss was also denied due to lack of qualifying hearing loss disability in the right ear at any time during or proximate to the appeal period.,The Veteran's claim for service connection for vertigo has been remanded. The AOJ is instructed to obtain an addendum VA medical opinion regarding the etiology of the Veteran's vertigo.