Vertigo & vestibular disorders decisions — 2024

The Board has granted the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, tinnitus, anosmia, bilateral optic neuropathy and glaucoma, and vertigo. The claims were previously denied in a May 2019 rating decision but readjudicated due to new evidence received after January 2018.

The Board has denied a rating in excess of 10 percent for the Veteran's service-connected benign paroxysmal positional vertigo, finding that his symptoms do not warrant a higher evaluation.

The Veteran's claims for effective dates earlier than September 23, 2009 for Meniere's syndrome and November 29, 2011 for migraines due to Meniere's syndrome have been granted. The other claims related to a neck disability, peripheral neuropathy of the upper extremities, and scar have not met the criteria for an effective date prior to October 26, 2020.

The Veteran's service-connected disabilities, including major depressive disorder and migraines, have rendered her unable to secure or follow substantially gainful employment since June 22, 2011. Effective as of April 30, 2019, she is entitled to a TDIU rating.

The Veteran's TBI disability is granted with a 40% rating from June 30, 2011 to September 10, 2016. A compensable rating (10%) for the period after September 10, 2016, is denied.,The Veteran's vertigo disability is granted with a 10% rating effective March 28, 2019.,The Veteran's post-traumatic headaches are not service-connected and thus no rating is assigned.,The Veteran withdrew his claim for an increased PTSD rating.

The appeal has been dismissed due to the Veteran's death. The issues related to service connection and rating increases are not addressed as they pertain to a deceased Veteran.

The Veteran's claim for an effective date of May 1, 1996, for the grant of service connection for Meniere's disease is granted. The Veteran's initial rating in excess of 30 percent for Meniere's disease after October 1, 2018, is denied.

The Board has dismissed the appeals for service connection of various conditions including right knee disability, left knee disability, right ankle disability, left shoulder disability, inguinal hernia, pancreatitis, and rotator cuff tendonitis due to the Veteran's death.

The Veteran's appeals for service connection have been withdrawn due to the Veteran's representative requesting withdrawal of all appeals.,All appeals for service connection have been dismissed as per the Veteran's representative's requests.

The Board has remanded the case due to insufficient evidence regarding service connection for benign paroxysmal positional vertigo (BPPV). The Veteran's lay statements and medical records will be considered, along with a toxic exposure opinion.

The Veteran's claims for service connection for right and left knee disabilities are being remanded due to the need for additional medical examination.

The Veteran's claims for service connection for Meniere's syndrome and vertigo were granted with effective dates of May 11, 2010. A 100% evaluation was assigned for Meniere's syndrome with vertigo, tinnitus, and hearing loss from that date. Separate evaluations for vertigo, tinnitus, and hearing loss were discontinued.

The Veteran's combination of service-connected disabilities, including her acquired psychiatric disorder and bilateral knee and ankle conditions, has rendered her unable to secure or follow a substantially gainful occupation. The Board grants the TDIU claim for the entire appeal period.

The Board has granted effective dates of February 20, 2018 for service connection and increased ratings for various conditions.

The Board has remanded several issues for further development, including verifying the Veteran's in-service exposure to herbicide agents and obtaining additional logbooks from his service on the USS Hornet. The claims of entitlement to service connection for various conditions are now pending.

The Veteran's appeal for service connection for tinea versicolor with onychomycosis was withdrawn. The Board granted the Veteran's claim for service connection for peripheral vertigo, to include Meniere's disease, as secondary to his service-connected bilateral hearing loss.

A separate rating of 20 percent for erectile dysfunction and voiding dysfunction, as a residual of CVA and AFib is granted.,Service connection for migraine headaches, sleep apnea, encephalopathy, dizziness/vertigo, and a psychiatric disorder are all granted.

The Board has determined that a remand is necessary to obtain an updated VA medical opinion regarding the relationship between the Veteran's Meniere's syndrome or endolymphatic hydrops and his service-connected bilateral hearing loss, tinnitus, and perforated tympanic membrane of the right eardrum.

The Board has granted service connection for Peripheral Vestibular Disorder (PVD) but denied service connection for Vertigo as a separate disability. The Veteran's PVD is found to be related to his in-service injury, while his vertigo is considered a symptom of his PVD.

The Board has restored a separate 10 percent rating for TBI, effective June 1, 2021, as the discontinuance of this rating was found to be invalid due to the impact on the Veteran's work and daily life.