Vertigo & vestibular disorders decisions — 2024

The Board denied the Veteran's appeal because his notice of disagreement (NOD) was not filed within one year of the October 2016 rating decision, and thus the NOD was untimely.

The Veteran's claims for service connection for irritable bowel syndrome, sphincter impairment, a skin rash, left shoulder degenerative arthritis with tendinitis, and left ankle degenerative arthritis have all been denied. The Board has also remanded the Veteran's claims for service connection for vertigo and sinusitis/rhinitis.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is pending.

The Board denied the Veteran's claims for service connection for bilateral foot condition, neck condition, and vertigo.,There is no evidence of a current disability or any link between the claimed conditions and military service.

The Veteran's claims for service connection are being remanded due to a duty to assist error and the need to adjudicate secondary service connection for ankle disabilities. The AOJ is instructed to ensure all VA treatment records have been associated with the claims file, and then to adjudicate the secondary service connection claim.

The Veteran's claim for service connection for vertigo was denied as there is no medical evidence showing a current diagnosis of vertigo related to service.,A 70 percent rating for PTSD was granted, effective from February 5, 2020.

The Board has denied initial compensable ratings for left and right foot hammer toes, but granted a 30 percent rating for peripheral vestibular disease (PVD). The issue of entitlement to total disability rating based on individual unemployability (TDIU) is remanded due to the Veteran's service-connected disabilities.

The Veteran's peripheral vestibular disorder with eustachian tube dysfunction and tympanostomy tube placement has been rated at 30 percent since September 19, 2019. The Board found that the Veteran meets the criteria for a 30 percent rating based on dizziness and occasional staggering.

The Board denied the Veteran's claim for TDIU prior to January 14, 2022 due to his service-connected hearing loss, tinnitus, and vestibular disorder not making him unemployable. From January 14, 2022, the issue of TDIU is dismissed as moot.

The Veteran's service connection for benign paroxysmal positional vertigo (BPPV) was restored as the original decision granting it was found to be clearly and unmistakably erroneous.

The Board has remanded the claims for bilateral dry eye syndrome, benign paroxysmal positional vertigo, and right knee disability due to inadequate VA opinions regarding their etiology.

The Board has granted service connection for thyroid cancer, rib cancer as a complication of thyroid cancer, and peripheral vestibular disorder as a complication of thyroid cancer. The decision is based on the Veteran's exposure to Agent Orange during his military service.

The Veteran's claim for a compensable rating for headache syndrome was denied, and the Board found that there were insufficient prostrating attacks to warrant a higher rating.,The Veteran's claim for service connection for vertigo was remanded due to an unclear May 2021 VA examination report.

The Veteran's claim for an initial rating in excess of 30 percent for Meniere's syndrome with vertigo is remanded due to a duty to assist error and the need for a new examination.

The Board has denied the Veteran's claims for service connection for left intracanalicular vestibular schwannoma and arthritis in multiple joints, finding that there is no evidence linking these conditions to his active service.

The Veteran's claim for an effective date prior to July 17, 2020, for the grant of a 100 percent rating for Meniere's disease including right ear hearing loss, tinnitus, and vertigo is denied as there is no legal basis to assign such an earlier effective date.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's vertigo is related to his service-connected tinnitus and if it can be attributed to any other service-connected conditions. The VA will need to provide a thorough examination and medical opinion.

The Board has decided to remand the case due to a failure to obtain complete service treatment records and because of the PACT Act, which provides for an additional theory of entitlement for service connection due to toxic exposure. The appellant's claim will be reconsidered with the provision of a VA examination and medical opinion regarding his participation in a TERA.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current vertigo is related to his service. The AOJ will need to gather more information and provide a new opinion from an appropriate clinician.

The Veteran's claim for a higher rating for Meniere's syndrome is remanded due to pre-decisional duty-to-assist errors, including missing audiogram results and inconsistent medical findings. The VA will obtain the referenced documents, clarify Dr. M.M.'s hearing loss testing, and schedule a VA examination.

The Board has remanded the case due to inadequate opinions regarding service connection for a right ear disability, including cholesteatoma with reconstruction of the inner right ear and residual effects from the radical mastoidectomy with chronic ear infections and a vestibular disorder. The Veteran's claim will be reconsidered by the AOJ.